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2022 Supreme(Del) 1629

MANOJ KUMAR OHRI
Gautam Thapar – Appellant
Versus
Directorate Of Enforcement – Respondent


Advocates appeared:
Mukul Rohatgi, Advocate, Sandeep Kapur, Advocate, Virinder Pal Singh Sandhu, Advocate, Vivek Suri, Advocate, Niharika Karanjawala, Advocate, Abhimanshu Dhyani, Advocate, Sahil Modi, Advocate, Kajal, Advocate, Amit Mahajan, Advocate, Kritagya Kumar Kait, Advocate

JUDGMENT

Manoj Kumar Ohri, J. - The present application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in Complaint Case No.24/2021 filed under Sections 44/45 of the Prevention of Money Laundering act, 2002 (hereinafter, referred to as the 'PMLa') and arising out of ECIR No.11/HIU/2021 registered under Sections 3/4 PMLa by the respondent/ED.

Factual Background

2. Pithily put, the case of the prosecution is that subsequent to the removal of Sh. Rana Kapoor, the then MD and CEO of Yes Bank Ltd. (hereinafter, referred to as the 'Bank'), certain complaints came to be filed assailing his role in grant of various credit facilities to borrowers, in violation of banking norms and against receipt of illegal gratification, which resulted in huge loss to the Bank. One of these complaints was in relation to M/s. Oyster Buildwell Pvt. Ltd. (hereinafter, referred to as 'OBPL'), a real estate company, which was extended credit facilities to the tune of Rs.514.27 crores, resulting in loss of Rs.466.51 crores to the Bank.

as a result, FIR/RC No.2232021a0005 was registered under Sections 120B/406/420/468/471 by the CBI against OBPL, the applicant and others, inc

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