New Delhi Sept 15 (ILNS) The Delhi High Court today declined to hear an appeal filed by a 69-year-old disabled lady seeking probe by Crime Branch, Economic Offence Wing (EOW), Serious Fraud Investigation Office (SFIO) & Enforcement Directorate (ED) into a fraud committed upon her by her relatives which lead to the loss of Gas Agency established by her long years of hard work.
A single-judge bench of Justice Subramonium Prasad said that the petitioner cannot claim investigation to be carried out by EOW, ED or other concerned authority in a private matter.
The counsel for the petitioner, Ashwini Kumar Upadhyay apprised the bench that the Delhi High Court in its writ jurisdiction under Article 226 has wide powers to entertain this Petition.
“It is no doubt that writ filed under Article 226 has reservoirs of Powers, even more than Article 32, but the petitioner cannot claim investigation by agencies in a private manner,” retorted the bench.
The Court has advised the Petitioner to take recourse of remedy in accordance with law.
During the hearing today, Adv. Ashwini Kumar Upadhyay submitted before the Single Judge bench that a letter of Intent was issued to his client on October 5, 1994 by Indian Oil Corporation Limited and Indane Gas distributorship was allotted to her. She is the sole owner of this gas agency, because of her physical disability. Shweta Gupta, wife of brother in law of Anil Kumar Goyal was inducted as partner in the firm namely M/s Neelkanth Gas Service. They further not only forged documents of my client, but also forged the signatures and used her photograph on various fabricated documents,” he alleged.
He said that same fraudulent and nefarious act has been committed against another 81-year-old Smt. Aruna Nanda, Proprietor/Partner of Shalimar Bagh Gas Service. (IOCL), who is the widow of Squadron Leader Ramesh Nanda. The bench replied that it was a separate matter other than the present matter.
Adv, Upadhyay also referred to his complaint made to SHO, PS Uttam Nagar against accused persons named in the Writ Petition seeking action to be taken under various sections of fraud, cheating, criminal conspiracy and under section 92 of Rights of Persons with Disability 2016.
The Petitioner Meena Sharma in her Writ petition had prayed for directions to Delhi Police to investigate IOCL staffs and banks employees, to ED to investigate money laundering, benami transactions, disproportionate assets and other economic offences, direction for SFIO to investigate corporate, capital market, forensic fraud, violating of accountancy, company, taxation and Information Technology laws.
the petitioner alleged that she never visited Registrar of Firms for signing any partnership agreement and Shweta Gupta, A.K. Goyal and Ram Avatar created forged documents, forged her signatures and used her photographs on various forged, fabricated documents. Another lady impersonated herself as Lady Meena in Registrar of Firms. In a fraudulent manner, the accused persons took her photographs and endorsed her signatures on blank cheques as well as in printed documents on pretext of filing the same in IOCL for completion of formalities. Being principal partner, she was abstained to make transaction through her current account of M/s Neelkanth Gas Service with UCO Bank and all this was done by Anil Kumar Goyal.
Meena grievance was that Mr. Goyal and Mrs. Gupta have not only diverted funds to purchase benami properties and gold but also taken loan in name of firm and started new business. Goyal operates transactions with IOCL Plant under signatures of Shweta Gupta alone and not a single transaction was made jointly.
The petitioner stated that she met Mr. Anil Kumar Goyal (through her accountant Ram Avtar) who concealed the fact of his partnership with M/s Shalimar Bagh Agency. This rendered him ineligible for partnership with petitioner. Therefore, Mr.Goyal inducted his brother in law’s wife Shweta Gupta as Partner (49% share) in Petitioner’s Gas Service. On August 6, 2009, Partnership Deed was duly executed and signed by Petitioner and Shweta Gupta for 51%: 49% profit sharing ratio. On October 26, 2009, Agreement was executed between IOCL and Neelkanth Gas Service and Petitioner and Mrs. Shweta Gupta signed the agreement as Joint Partners of M/s Neelkanth Gas Service./INLS/KR/SNG