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2023 Supreme(Del) 4738

RAJNISH BHATNAGAR
Sanjay Dhingra – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
Mr. Gurpreet Singh, Advocate (through video conferencing), for the Petitioner.
Mr. Nikhil Goel, SPP, for CBI with Mr. Kartik Kaushal and Mr. Adithya Koshy Roy, Advocates, for the Respondent.
Mr. Kush Sharma and Ms. Asiya Khan, Advocates, for R-2 to 6 & 9 to 11.
Mr. Santosh Kuamr Rout and Mr. Abhishek Chakraborty, Advocates, for R-7 & 8.
Mr. Anurag Ahluwalia, CGSC, for the R-12/ED.

JUDGMENT

Rajnish Bhatnagar, J.

CRL.M.A. 15641/2021 (for modification)

1. This is an application filed under Section 482 of the Cr.P.C. on behalf of respondent nos. 2,3,4,5,6,9, 10 and 11 seeking recall/ modification of the order dated 02.06.2021.

2. It is submitted by the learned counsel for the applicants that the notice in the main petition was issued on 26.03.2021 but till date no notice has been served to the applicants and the order dated 02.06.2021 was passed ex-parte and the applicant/respondent Banks recently became aware of the proceedings when they were contacted by the newly appointed forensic auditors. It is further submitted by him that the petitioners have not approached with clean hands and have blatantly, and in a mala fide manner also suppressing material facts and misleading this Hon'ble Court.

3. It is further submitted by the learned counsel for the applicants that the order dated 02.06.2021 will not only prejudice the outcome of other on-going proceedings involving the petitioners but it will also have the potential to open 'pandora box' and may set a precedent in respect to similarly placed matters. It is further submitted that in the order dated 02.06.20

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