Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors | Order Dated Mon, 02 Nov 2020

Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors - Order No: 7

Case and Order Information

Case Number: CR Cases/1/2019

Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors

Order Number: 7

Filing Date: Fri, 13 Jul 2018

Order Date: Mon, 02 Nov 2020

Order Description: COPY OF ORDER

Status: Arguments on Charge

Stage: Arguments on Charge

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Order Content

CRC No. 01/2019 (Old CRC No. 08/18) ECIR No. 12/DLZO/2014 Branch: Delhi Zonal Office, Zone-II. ED Vs. M/s Jindal Steel & Power Ltd & Ors. Offence u/s 3 and punishable u/s 4 PMLA, 2002

02.11.2020

Pursuant to the letter dated 20.09.2020 of Ld. Registrar General, Hon'ble High Court of Delhi, New Delhi and Duty Roster for the month of October 2020 bearing Circular No. PowerGaz/RADC/2020/E- Dated 26.10.2020 of Ld. Principal District & Sessions Judge-cum-Special Judge (PC Act), (CBI), Rouse Avenue District Court, New Delhi, the undersigned is to hold physical Court today i.e. 02.11.2020 at Rouse Avenue District Court, New Delhi.

Proceedings

Present:

Ld. Special P.P. Sh. N.K. Matta for ED.

IO Assistant Director Sh. Arun Kumar is absent.

Proxy Counsel Sh. Shivam Gupta for A-2 M/s Gagan Sponge Iron Pvt Ltd.

Ld. Counsel Sh. Shishir Mathur for A-9 Sushil Kumar Maroo.

Ld. Counsel Sh. Shakunt Saumitra for A-12 Rajeev Aggarwal.

The following exemption applications have been received on the official email ID of the Court:

    1. Application dated 01.11.2020 for exemption from hearing through physical presence before the Hon'ble Court on behalf of Authorised representative of Accused No. 1, M/s Jindal Steel and Power Limited.
    1. Application dated 01.11.2020 for exemption from hearing through physical presence of Counsels for Accused No. 1, M/s Jindal Steel and Power Limited before the Hon'ble Court.
    1. Application dated 31.10.2020 by and on behalf of Sh. Ravinder Kumar Manchal AR of applicant/Accused No. 2 M/s Gagan Infra Energy Ltd, for exemption from personal appearance on 02.11.2020.
    1. Application dated 01.11.2020 for exemption from hearing through physical presence of Counsels for A-3 M/s SML and A-8 K. Ramakrishna Pd.
    1. Application dated 02.11.2020 for exemption from personal appearance on behalf of AR for accused No. 4 Sh. Chandan Singh Sountyal and Counsel for the Accused No. 4 Sh. Himanshu Anand Gupta.
    1. Application for exemption u/s 205 Cr.PC from personal appearance of Accused No. 5 and 10 moved by Ld. Counsel Sh. Prashant Mehta.
    1. Application dated 02.11.2020 seeking exemption from personal

attendance u/s 205 & 317 Cr.PC on behalf of A-15 (B.S.N. Suryanarayana) in his personal capacity as such and as well as in the capacity of representative of A-6 company herein on the ground of Covid Pandemic, coupled with serious health issues moved by Ld. Counsel Sh. Bharat J. Joshi.

    1. Application dated 02.11.2020 seeking exemption from physical hearing of Counsel for A-6 and A-15 M/s Nihar Stocks Ltd. And B.S.N. Suryanarayana moved by Ld. Counsel Sh. Bharat J. Joshi.
    1. Application dated 31.10.2020 moved on behalf of A-7 Naveen Jindal for exemption from personal appearance for hearing on 02.11.2020.
    1. Application on behalf of A-7 Naveen Jindal for conducting the hearing through video conferencing for 02.11.2020.
    1. Application dated 01.11.2020 for exemption from appearance for accused Anand Goel and Ld. Counsel Sh. Tanmaya Mehta.
    1. Application dated 02.11.2020 on behalf of A-13 Siddharth Madra for exemption from personal attendance.
    1. Application dated 31.10.2020 u/s 205 r/w S. 317 Cr.PC on behalf of Gyan Swaroop Garg, applicant/accused seeking exemption from personal appearance for 02.11.2020.
    1. Application dated 31.10.2020 seeking virtual hearing in the matter moved by Ld. Counsel Sh. Hemant Shah.

The following applications have been moved today:

    1. Application dated 02.11.2020 moved on behalf of Accused Sushil Maroo seeking exemption from personal appearance.
    1. Application dated 02.11.2020 for exemption from personal appearance of A-12 Rajeev Aggarwal.

Heard. Considered. Allowed only for today.

However by way of applications mentioned at serial No. 1, 8, 10 and 14, request for conducting of hearing of the present matter through video conferencing mode has also been made.

The following application dated 29.10.2020 moved by ED has been received on the official email ID of the Court.

The present application has been moved by IO Assistant Director Sh. Arun Kumar seeking further extension of time for completing further investigation stating that on account of Corona pandemic necessary steps for completing further investigation could not be taken. In the prayer clause however further extension till the normalization of prevailing Covid-19 pandemic has been

sought for completing further investigation. For a ready reference the prayer clause read as under:

' PRAYER

In the circumstance stated herein above and in the interest of justice it is most humbly prayed that the further extension till the normalization of the prevailing pandemic conditions may be granted to the Directorate of Enforcement for completion of further investigation.'

At the outset, I may however state that the aforesaid nature of prayer made in the application is per-se strange. It appears that IO is probably not interested in completing further investigation as further extension of time is being sought till normalization of present pandemic condition which as of today nobody knows when the circumstances are going to be normalized.

Ld. Special P.P. Sh. N.K. Matta on the other hand submitted that further 8 weeks time may be given for completing further investigation in the matter.

Upon enquiry Ld. Special P.P. Sh. N.K. Matta also stated that ED is though carrying out investigation in various other matters beside conducting other proceedings.

In the aforesaid circumstances, though 8 weeks time is being granted but a copy of this order be sent to the Supervisory officer of the IO so that in future such kind of vague request in uncertain terms should not be made before the Court. It is expected that by the next date of hearing effective steps towards completion of further investigation shall be taken by the IO in right earnest.

As prayed matter be now put up on 05.01.2021 awaiting progress report of further investigation.

(Bharat Parashar) Special Judge, (PC Act) (CBI), Court No. 608 Rouse Avenue Court New Delhi 02.11.2020

CRC No. 01/2019 (Old CRC No. 08/18)

ECIR No. 12/DLZ0/2014

Branch: Delhi Zonal Office, Zone-ll.

ED Vs. M/s Jindal Steel & Power Ltd & Ors.

Offence u/s 3 and punishable u/s 4 PMLA, 2002

02.11.2020

Pursuant to the letter dated 20.09.2020 of Ld. Registrar General,

Hon'ble High Court of Delhi, New Delhi and Duty Roster for the month of October

2020 bearing Circular No. PowerGaz/RADC/2020/E- Dated 26.10.2020 of Ld.

Principal District & Sessions Judge-cum-Special Judge (PC Act), (CBI), Rouse

Avenue District Court, New Delhi, the undersigned is to hold physical Court today

i.e. 02.11.2020 at Rouse Avenue District Court, New Delhi.

Present: Ld. Special P.P. Sh. N.K. Matta for ED.

10 Assistant Director Sh. Arun Kumar is absent.

Proxy Counsel Sh. Shivam Gupta for A-2 M/s Gagan Sponge

lron Pvt Ltd.

The following exemption applications have been received on the

official email ID of the Court:

  1. Application dated 01.11.2020 for exemption from hearing through

physical presence before the Hon'ble Court on behalf of Authorised

representative of Accused No. 1, M/s Jindal Steel and Power Limited.

  1. Application dated 01.11.2020 for exemption from hearing through

physical presence of Counsels for Accused No. 1, M/s Jindal Steel and

Power Limited before the Hon'ble Court.

  1. Application dated 31.10.2020 by and on behalf of Sh. Ravinder Kumar

Manchal AR of applicant/Accused No. 2 M/s Gagan Infra Energy Ltd, for

exemption from personal appearance on 02.11.2020.

  1. Application dated 01.11.2020 for exemption from hearing through

physical presence of Counsels for A-3 M/s SML and A-8 K. Ramakrishna

Pd.

  1. Application dated 02.11.2020 for exemption from personal appearance on

behalf of AR for accused No. 4 Sh. Chandan Singh Sountyal and Counsel

for the Accused No. 4 Sh. Himanshu Anand Gupta.

  1. Application for exemption u/s 205 Cr.PC from personal appearance of

Accused No. 5 and 10 moved by Ld. Counsel Sh. Prashant Mehta.

  1. Application dated 02.11.2020 seeking exemption from personal

Page No. 1 of 3

attendance u/s 205 & 317 Cr.PC on behalf of A-15 (B.S.N. Suryanarayana) in

his personal capacity as such and as well as in the capacity of

representative of A-6 company herein on the ground of Covid Pandemic,

coupled with serious health issues moved by Ld. Counsel Sh. Bharat J.

Joshi.

  1. Application dated 02.11.2020 seeking exemption from physical hearing of

Counsel for A-6 and A-15 M/s Nihar Stocks Ltd. And B.S.N. Suryanarayana

moved by Ld. Counsel Sh. Bharat J. Joshi.

  1. Application dated 31.10.2020 moved on behalf of A-7 Naveen Jindal for

exemption from personal appearance for hearing on 02.11.2020.

  1. Application on behalf of A-7 Naveen Jindal for conducting the hearing

through video conferencing for 02.11.2020.

  1. Application dated 01.11.2020 for exemption from appearance for

accused Anand Goel and Ld. Counsel Sh. Tanmaya Mehta.

  1. Application dated 02.11.2020 on behalf of A-13 Siddharth Madra for

exemption from personal attendance.

  1. Application dated 31.10.2020 u/s 205 r/w S. 317 Cr.PC on behalf of Gyan

Swaroop Garg, applicant/accused seeking exemption from personal

appearance for 02.11.2020.

  1. Application dated 31.10.2020 seeking virtual hearing in the matter

moved by Ld. Counsel Sh. Hemant Shah.

  1. Application dated 02.11.2020 moved on behalf of Accused Sushil Maroo

seeking exemption from personal appearance.

  1. Application dated 02.11.2020 for exemption from personal appearance of

A-12 Rajeev Aggarwal.

However by way of applications mentioned at serial No. 1, 8, 10

and 14, request for conducting of hearing of the present matter through video

conferencing mode has also been made.

The following application dated 29.10.2020 moved by ED has been

received on the official email ID of the Court.

The present application has been moved by IO Assistant Director

Sh. Arun Kumar seeking further extension of time for completing further

investigation stating that on account of Corona pandemic necessary steps for

completing further investigation could not be taken. In the prayer clause however

further extension till the normalization of prevailing Covid-19 pandemic has been

Page No. 2 of 3

sought for completing further investigation. For a ready reference the prayer

clause read as under:

“PRAYER

In the circumstance stated herein above and in the interest of justice

it is most humbly prayed that the further extension till the

normalization of the prevailing pandemic conditions may be granted

to the Directorate of Enforcement for completion of further

investigation.”

At the outset, I may however state that the aforesaid nature of

prayer made in the application is per-se strange. It appears that IO is probably

not interested in completing further investigation as further extension of time is

being sought till normalization of present pandemic condition which as of today

nobody knows when the circumstances are going to be normalized.

Ld. Special P.P. Sh. N.K. Matta on the other hand submitted that

further 8 weeks time may be given for completing further investigation in the

matter.

Upon enquiry Ld. Special P.P. Sh. N.K. Matta also stated that ED is

though carrying out investigation in various other matters beside conducting

other proceedings.

In the aforesaid circumstances, though 8 weeks time is being

granted but a copy of this order be sent to the Supervisory officer of the IO so

that in future such kind of vague request in uncertain terms should not be made

before the Court. It is expected that by the next date of hearing effective steps

towards completion of further investigation shall be taken by the IO in right

earnest.

As prayed matter be now put up on 05.01.2021 awaiting

progress report of further investigation.

(Bharat Parashar)

Special Judge, (PC Act)

(CBI), Court No. 608

Rouse Avenue Court

New Delhi

02.11.2020

Page No. 3 of 3

Document information last updated: Sat, 06 Sep 2025, 06:19 AM IST