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2021 Supreme(Del) 1249

SURESH KUMAR KAIT
Indiabulls Commercial Credit Limited – Appellant
Versus
Economic Offences Wing – Respondent


Advocates appeared:
Vivek Pahwa, Advocate, Ankit Banaoti, Advocate, Rajesh Mahajan, Advocate, Jyoti Babbar, Advocate, A.K. Singh, Advocate, Amandeep Singh, Advocate, Vivek Kohli, Advocate, Mudit Gupta, Advocate, Rudreshwar Singh, Advocate, Gautam Singh, Advocate, Jan Kalyan, Advocate

JUDGMENT

Suresh Kumar Kait, J. -

The hearing has been conducted through video conferencing.

W.P.(Crl.) 1256/2020 & Crl.M.A.11172/2020 (stay)

1. Present petition has been filed under section 226 of the Constitution of India read with section 482 Cr.P.C. seeking directions thereby against respondent no.1 for quashing of order/notice dated 05.08.2019 bearing No.531/R-ACP/SEC-V/EOW issued by the office of the Offences Wing, New Delhi to the Sub-Registrar-IIA, Punjabi Bagh, Nangloi, Delhi under section 102 of the Code of Criminal Procedure, 1973.

2. Counsel for the petitioner submits that the petitioner herein is a Non-Banking Financial Company, registered with the Reserve Bank of India and also a financial institution under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The petitioner has granted two loans against a property to respondent nos. 4 to 10 and upon failure to pay EMI's on time, the loan accounts of the said respondents were declared Non-Performing Assets (NPA) and statutory proceedings under the SARFAESI Act were conducted.

3. Counsel for the petitioner further submits that the property in question bearin

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