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2022 Supreme(Guj) 809

Vimal Oils And Foods Ltd Thro M/s Arrhum Tradelink private Limited By Rakesh Baluram Lahoti – Appellant
Versus
State Of Gujarat – Respondent


Advocates appeared:
Yogesh Lakhani, Rahul R.Dholakia, Kuldeep K.Adesara, K.M.Parikh, R.C.Kodekar, Pranav Trivedi, Advocates

JUDGMENT :

1. The present petition has been filed by M/s. Vimal Oils & Foods Ltd., through its buyer M/s. Arrhum Tradelink Private Ltd., under section 482 of the Code of Criminal Procedure, 1973, (for short "the Cr.P.C.") praying to quash and set aside FIR No.RC2222021A0002 of 2021, lodged by first informant - Deputy General Manager at Bank of India Large Corporate Bank, Ahmedabad with AC-IV (VYAPAM) Bhopal Police Station, Bhopal under section 120B read with section 420 of Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short ' PC Act') qua the present petitioner - M/s. Vimal Oils & Foods Ltd.

2. The facts narrated in the memo of petition can be enumerated as under:

2.1 M/s. Vimal Oil & Foods Ltd. (for short 'VOFL') has been bought by M/s. Arrhum Tradelink Pvt. Ltd., registered under the Companies Act, 1956, on 04.12.2020, in the liquidation process conducted by Liquidator appointed by the N.C.L.T. Ahmedabad Bench through public e-auction.

2.2 M/s. Vimal Oils & Foods Ltd., registered under the Companies Act, 1956 having office at Mehsana, had availed loan facilities from a consortium of 9 banks. It is alleged that the said c

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