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2007 Supreme(Del) 2456

PRADEEP NANDRAJOG
SHREE KRISHNA POLYESTER LTD. – Appellant
Versus
STATE – Respondent


Advocates Appeared:
JAYANT K.SUD, K.K.SUD, KALYAN DUTT, Pawan Sharma, SURUCHI AGARWAL

PRADEEP NANDRAJOG, J.

( 1 ) THE 6 captioned petitions center around same issue of law and save and except the borrowers and the sum borrowed as also the date on which the sums were borrowed, factual matrix of all the petitions is the same. Hence, the 6 captioned petitions are being disposed of by a common order.

( 2 ) CRL. M (C) 779/05 and Crl. M (C) 2641/05 arise out of a common transaction. Crl. M (C) 848/05 and Crl. M (C) 2642/05 arise out of same transaction. Crl. M (C) 852/05 and Crl. M (C) 2643/05 arise out of the same transaction.

( 3 ) THE facts are that M/s Shree Krishna Polyester Ltd. , petitioner of Crl. M (C) 779/05, Crl. M (C) 848/05 and Crl. M (C) 852/05 had made inter corporate deposits with three group companies, namely, (a) M/s Lottee Holdings Pvt. Ltd. , (b) M/s Midopa Holdings Pvt. Ltd. and (C) M/s Lotus Finance and Investment pvt. Ltd. in sum of Rs. 1. 4 crores, Rs. 1 crore and Rs. 1. 2 crores respectively. The date of the three inter corporate deposits are 17. 9. 1997, 23. 9. 1997 and 17. 5. 1998 respectively.

( 4 ) THREE identically worded agreements save and except the amount of deposit and the date were executed when the deposits were made.

( 5 ) VIDE C
















































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