Kamalesh Parekh vs Central Bureau Of Investigation

Rajasekhar Mantha, J

The Revisionist Kamlesh Parekh is aggrieved by a warrant of arrest issued by the designated C.B.I. (Central Bureau of Investigation) Court at Calcutta at the instance of the State Bank of India and some other banks. It is the allegation of the financial institutions that the Revisionist is the kingpin behind the siphoning of funds to the extent of Rs.2200 crores in the form of loans obtained by the companies of which the revisionist is the largest shareholder. The allegations are denied by the counsel for the Revisionist and it is submitted that the Revisionist is not even Director of the Company and to the knowledge of the CBI is in Dubai since last 19 years.

Since by an earlier order dated September 20, 2017 passed by a Coordinate Bench in CRR 3200 of 2017, the Revisionist was, at his own request, directed to participate in the investigation, the Revisionist ought to have been present when the C.B.I. wanted to interrogate him.

Learned counsel for the Revisionist submits that despite knowing the address of the Revisionist, notices were not served on him and served at his residence at Calcutta where he does not reside.

Without going into the rival contentions of the parties at this stage and in view of the fact that the Revisionist wishes to participate personally in the investigation being conducted by the C.B.I., the warrant of arrest already communicated to the authorities in the United Arab Emirates, shall stand modified to a limited extent to allow the Revisionist to leave United Arab Emirates only by air to city of Kolkata by a direct flight, on a commercial airline and to no other destination.

It is made clear that in the event, the revisionist Kamlesh Parekh seeks to leave the United Arab Emirates for any other destination, United Arab Emirates Authorities are requested to arrest him in the UAE and to deport him to India.

Mr. Dastoor, the learned counsel for the Revisionist, undertakes before this Court, on behalf of his client, that his client is willing to be present on November 7, 2019 at 11 am at the Office of the C.B.I. at C.G.O. Complex, Salt Lake, Kolkata and shall appear before Shri R.K. Bhattacharjee, Additional Superintendent of Police, C.B.I., (Bank Fraud Cell).

It is made clear that on condition that the Revisionist shall thereafter not leave India and the city of Kolkata without the leave of this Court and without prior intimation to the C.B.I., no coercive action shall be taken by the C.B.I., in the form of arrest, until November 22, 2019.

Let this matter stand adjourned and be listed on November 21, 2019.

Urgent photostat certified copy of this order, if applied for, be given to the parties today on usual undertaking.