ORDER

1. Exemption allowed, subject to just exceptions.

CM APPL. 11645/2024 (For Exemption)

2. Application is allowed.

3. The present application has been filed with the following prayers:

CM APPL. 11644/2024 “xxx xxx xxx (i) Direct all aforesaid five respondents namely R-5, R-6, R-8, R-10 and R-11 to transfer the 26 lacs shares as per the settlement dated 04.03.2022 duly approved by this Hon’ble Court on 10.03.2022; (ii) That, appropriate direction be issued either though MEA or Interpol or any other appropriate mode to Respondent No.11 Mr. Kamlesh Chotalia, presently residing in Tanzania, to be present before the Hon'ble court on the next date of hearing and surrender his passport;

(iii) Further, appropriate direction be issued either though MEA OR Interpol or any other appropriate mode to Respondent No. 10 Mr. Eric Bratcher, presently residing in USA, to be present before the Hon’ble court on the next date of hearing and surrender his passport;

(iv) Further direct R-5 Mr. Chetan Balubhai Patel, R-6 Mr. Harshvardhan Avinash Pradhan, R-8 Mr. Shirish Mulshankar Trivedi to continue to be present before the Hon’ble court on the all future dates of hearing and surrender their passports forthwith;

(v) Pass any other or further orders as may be deemed fit and proper in the facts and circumstances of the case.”

4. Issue notice to the respondents. Notice is accepted by learned counsel appearing for respondent nos.5, 6 and 8.

5. Learned counsel appearing for respondent nos.5, 6 and 8 has relied upon the order dated 18th September, 2023, in order to submit that it is the case of the petitioner itself that the respondent no. 11 is the main respondent, from whom money is to be taken and who is guilty of violation of the order dated 10th March, 2022.

6. Issue notice to the other respondents.

Attention of this Court has been drawn to the order dated 29th

7. November, 2023, wherein notice has been issued to the Ministry of External Affairs (“MEA”) for the purpose of service to respondent nos. 10 and 11, who are stated to be residing in United States of America and Tanzania respectively.

8. Accordingly, issue Court Notice to Mr. Kirtiman Singh, learned Central Government Standing Counsel, who has been appearing in the present matter for MEA.

Re-notify on 10th

9. April, 2024.

MINI PUSHKARNA, J FEBRUARY 26, 2024/kr