IN THE HIGH COURT OF DELHI, AT NEW DELHI

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

C.M. APPL. NO. OF 2024

IN

WRIT PETITION (CIVIL) NO. 8584 OF 2024

IN THE MATTER OF:

LALIT KISHORE

...PETITIONER

VERSUS

MINISTRY OF HOME AFFAIRS & ORS.

...RESPONDENTS

INDEX
S. No. PARTICULARS PAGE NO.

1. URGENT APPLICATION 1-2

2. NOTICE OF MOTION 3.4

3. COURT FEES 5

4. APPLICATION ON BEHALF OF THE

PETITIONER UNDER SECTION 151 OF 18

THE CODE OF CIVIL PROCEDURE, 1908 6-1t

INTERALIA SEEKING APPROPRIATE

DIRECTIONS FOR EARLY DISPOSAL OF

CM. APPL. NO. 44810 OF 2024 FILED BY

THE PETITIONER FOR THE QUASHING

OF THE LOC IN VIEW OF THE

JUDGEMENT DATED 24.07.2024 IN W.P.

(CRL.) NO. 3205 OF 2023 TITLED AS

“LALIT KISHORE & ORS. VS. CBI AND

ANR.” ALONG WITH SUPPORTING

AFFIDAVIT

ANNEXURE - C1

Copy of the letter dated 24.10.2024 issued by 16

the Punjab National Bank

ANNEXURE
— C2

Copy of the order dated 20.11.2024 passed in

17 - 1¢
W.P. (Crl.) No. 3205 of 2023
PROOF OF SERVICE 1¢

Koy i
PETITIONER/ APPLICANT
 18

THROUGH \\

DATE: 18.12.202 « o 7
PLACE: New Delhi }» ’

VIJENDER K. VATS

ADVOCATE

(Enrollment No. D/1265/2003)

Chamber No. 809, Lawyers Chamber Block,

Dwarka Courts, Dwarka, New Delhi

Mob No. #91 — 9711174700

Email: vats.advocate
@ gmail.com
 IN THE HIGH COURT OF DELHI, AT NEW DELHI

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

C.M. APPL. NO. OF 2024

IN

WRIT PETITION (CIVIL) NO. 8584 OF 2024

IN THE MATTER OF:

LALIT KISHORE

...PETITIONER

VERSUS

MINISTRY OF HOME AFFAIRS & ORS.

...RESPONDENTS

URGENT APPLICATION

To,

The Registrar,

High Court of Delhi,

New Delhi

Sir,
 Kindly treat the accompanying Application as URGENT in

accordance with the High Court Rules and Orders, for priority listing

before the Hon’ble Court.

(){wa M 7kfl/4

PETITIONER/ APPLICANT

THROUGH \\

DATE: 18.12.202 « o 7
PLACE: New Delhi /" '
VIJENDER K. VATS

ADVOCATE

(Enrollment No. D/1265/2003)

Chamber No. 809, Lawyers Chamber Block,

Dwarka Courts, Dwarka, New Delhi

Mob No. #91 — 9711174700

Email: vats.advocate
@ gmail.com
 IN THE HIGH COURT OF DELHI, AT NEW DELHI

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

C.M. APPL. NO. OF 2024

IN

WRIT PETITION (CIVIL) NO. 8584 OF 2024

IN THE MATTER OF:

LALIT KISHORE

...PETITIONER

VERSUS

MINISTRY OF HOME AFFAIRS & ORS.

...RESPONDENTS

NOTICE OF MOTION

TAKE NOTICE that the accompanying Application is likely to be listed

before Hon’ble Court on _20th Decemb¢ 2024 or on any other day

as per the convenience of Hon’ble Court.

Moy, highy
PETITIONER / APPLICANT

THROUGH

DATE: 18.12.202
 )
PLACE: New Delhi
i
7 VIJENDER K. VATS

ADVOCATE

(Enrollment No. D/1265/2003)

Chamber No. 809, Lawyers Chamber Block,

Dwarka Courts, Dwarka, New Delhi

Mob No. #91 — 9711174700

Email: vats.advocate @ gmail.com

 IN THE HIGH COURT OF DELHI, AT NEW DELHI

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

C.M.APPL.NO.____ OF 2024

IN

WRIT PETITION (CIVIL) NO. 8584 OF 2024

IN THE MATTER OF:

LALIT KISHORE

...PETITIONER

VERSUS

MINISTRY OF HOME AFFAIRS & ORS.

...RESPONDENTS

COURT FEE

s Y |
\

VU
 IN THE HIGH COURT OF DELHI, AT NEW DELHI

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

CM.APPL.NO.___ OF 2024

IN

WRIT PETITION (CIVIL) NO. 8584 OF 2024

IN THE MATTER OF:

LALIT KISHORE

...PETITIONER/ APPLICANT

VERSUS

MINISTRY OF HOME AFFAIRS & ORS.

...RESPONDENTS

APPLICATION ON BEHALF OF THE PETITIONER UNDER

SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

INTERALIA SEEKING APPROPRIATE DIRECTIONS FOR

EARLY DISPOSAL OF CM. APPL. NO. 44810 OF 2024 FILED BY

THE PETITIONER FOR THE QUASHING OF THE LOC IN VIEW

OF THE JUDGEMENT DATED 24.07.2024 IN W.P. (CRL.) NO. 3205

OF 2023 TITLED AS “LALIT KISHORE & ORS. VS. CBI AND

ANR.”
MOST RESPECTFULLY SHOWETH:

1. That the present Writ Petition was preferred by the Petitioner under

Article 226 of the Constitution of India seeking issuance of Writ in

the nature of certiorari or mandamus or any other appropriate writ,

order or directions as this Hon'ble Court may deem fit and

appropriate thereby suspending the Look Out Circular (“LOC™) or

any other restrictions imposed against the Petitioner that restricts

him from travelling abroad, pertaining to the business loans availed

from the Respondent No. 2 Bank.

2. That the contents of the Writ Petition are not repeated herein for the

sake of brevity. However, the contents of the main Writ Petition will

be read as part and parcel as required.

3. That the present Writ Petition on earlier two occasions listed on

03.10.2024 and 02.12.2024 before this Hon'ble Court, however, the

same was not taken up for hearing due to the heavy roaster and

paucity of time and next date of hearing is 09.04.2025 as Petitioner

has to travel abroad on various business commitments and as such

his fundamental right to travel is grossly impaired.

4. That the present Application is preferred for the reasons that the

Petitioner is a businessman and he has to travel abroad for its

Business commitments on regular basis and Criminal proceedings

are already been quashed by this Hon'ble Court on the ground that

fraud has been set aside and No Dues Certificate issued by the

Respondent No. 2 Bank and further impositions of any conditions

on his right to travel will impair and violates his right secured under

Article 21 of the Constitution of India which has to be protected at

the earliest by this Hon'ble Court.

5. That as a matter of record the Petitioner herein had filed the Criminal

Writ Petition bearing W.P. (Crl.) No. 3205 of 2023 titled as “Lalit

Kishore & Ors. Vs. Central Bureau of Investigation & Anr.” before

this Hon'ble Court under article 226 and 227 of the Constitution of

India read Section 482 of the Code of Criminal Procedure, 1973 for

quashing of FIR No. RC0502022A0016 dated 22.12.2022 registered

by Respondent No. 1 ie. Central Bureau of Investigation against the

Petitioners under Section 420 read with Section 120B of Indian

Penal Code (“IPC”) and Section 13(1) (d) and 13(2) of the

Prevention of Corruption Act, 1988.

6. That the said Writ Petition (Crl.) 3205 of 2023 was listed on

24.07.2024 before this Hon’ble Court whereby this Hon’ble Court

passed a Judgement therein the said FIR No. RC0502022A0016

dated 22.12.2022 was quashed by this Hon’ble Court and all

consequential proceedings emanating therefrom.

7. That thereafter the Petitioner herein has filed an application bearing

no. CM. APPL. No. 44810 of 2024 inter alia praying for the

quashing of the LOC in view of the Judgement dated 24.07.2024 in

W.P. (Crl.) No. 3205 of 2023 titled as “Lalit Kishore & Ors. Vs. CBI

and Anr.” And the said CM. Appl. No. 44810 of 2024 was listed

before this Hon'ble Court on 06.08.2024 whereby this Hon'ble Court

was kind enough to issue notices to the Respondents and directed to

Respondents to file the reply and also the suspension of the LOC

was extended by this Hon'ble Court till next date of hearing.

8. That thereafter on 18.08.2024, Respondent No. 3 has filed the reply

to the said Application whereby the CBI has taken the contention

that the said FIR was quashed by this Hon'ble Court mainly on the

basis of the statement of the Counsel of Complainant/ Punjab

 10

National Bank (Respondent No. 2 herein) regarding No-Objection

for quashing of FIR and an Application for modification of order has

been filed by the Punjab National Bank by stating that they have not

given No Objection to the quashing.

9. In the intervening period Respondent Bank has also withdrawn the

name of the Petitioner from the Central Fraud Registry and records

from the RBI vide its letter dated 24.10.2024. Copy of the Letter

dated 24.10.2024 is annexed herewith and marked as ANNEXURE

=Cl1.

10.That thereafter this Hon'ble Court on 20.11.2024 has allowed the

CRL. MA. No. 23468/2024 filed by the Punjab National Bank for

rectification of the order dated 24.07.2024 and this Hon'ble Court

has also taken the objections of the CBI and after hearing at length

this Hon'ble Court has dismissed the objections of the CBI,

nevertheless FIR has already been quashed. Copy of the order dated

20.11.2024 passed in W.P. (Crl.) No. 3205 of 2023 is annexed

herewith and marked as ANNEXURE — C2.

 11

11.That in view of the above said facts and circumstances and in view

of the subsequent events after the filling of the CM. APPL. No.

44810 of 2024, the Applicant/ Petitioner herein is filling the present

Application inter alia praying for the early disposal of the CM.

APPL. No. 44810 of 2024 filed by the Petitioner for the quashing of

the LOC in view of the Judgement dated 24.07.2024 in W.P. (Crl.)

No. 3205 of 2023 titled as “Lalit Kishore & Ors. Vs. CBI and Anr.”.

12.That if the present application is allowed by this Hon'ble Court no

loss shall cause to the Respondents as all the dues of the Bank has

already stood paid and the FIR RC0502022A0016 dated 22.12.2022

has already been quashed by this Hon’ble Court and name of the

Petitioner deleted from the Central Fraud Registry. However, if the

present application is not allowed by this Hon’ble Court, it will cause

the irreparable loss to the Petitioner, its Company and its Business

and means of earning his daily bread.

13.That the Petitioner submits that the present application is made bona

fide and in the interest of Justice.

PRAYER
 12

In view of the facts and circumstances of the case, it is most respectfully

prayed that this Honble court be pleased to:

a. Allow the present Application under Section 151 of the Code of

Civil Procedure, 1908 for early disposal of the CM. APPL. No.

44810 of 2024 filed by the Petitioner for the quashing of the LOC in

view of the Judgement dated 24.07.2024 in W.P. (Crl.) No. 3205 of

2023 titled as “Lalit Kishore & Ors. Vs. CBI and Anr.”;

b. Disposed off the CM. APPL. No. 44810 of 2024 and W.P. (C) No.

8584 of 2024 in terms of the Judgement dated 24.07.2024 and order

dated 20.11.2024 passed by this Hon'ble Court in W.P. (Crl.) No.

3205 of 2023;

c. Pass any other/further order(s) or Direction(s) as it may deem fit and

proper by this Hon'ble Tribunal in the interest of Justice.

K! wrshoe
PETITIONER/ APPLICANT
THROUGH

DATE: 18.12.202
 . g
PLACE: New Delhi
v /
7 VIJENDER K. VATS

ADVOCATE

(Enrollment No. D/1265/2003)

Chamber No. 809, Lawyers Chamber Block,

Dwarka Courts, Dwarka, New Delhi

Mob No. #91 — 9711174700

Email: vats.advocate
@ gmail.com
 14

IN THE HIGH COURT OF DELHI, AT NEW DELHI

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

C.M. APPL. NO. OF 2024

IN

WRIT PETITION (CIVIL) NO. 8584 OF 2024

IN THE MATTER OF:

LALIT KISHORE

...PETITIONER

VERSUS

MINISTRY OF HOME AFFAIRS & ORS.

...RESPONDENTS

AFFIDAVIT

1, Lalit Kishore, aged about _59 . S/0 Shri Madan Kishore, Resident of D-

159 Sector — 47, Noida, Uttar Pradesh, presently at New Delhi do hereby

solemnly affirm and state on oath as under:-

1. THAT I am the Applicant in the above-mentioned matter and I am

fully conversant with the facts of the present case and competent to
 15

2. THAT the content of the accompanying application is drafted under

my instructions by my counsel and the same have been read over

and explained to me in vernacular and understood as correct.

3. THAT the contents of accompanying application be kindly read as

part and parcel of the above affidavit and are true to my knowledge

and no part of it is false or wrong.

| identified the deponent who P&M e

has signed in my presence -
© DEPONENT

VE! CATION .
18 DEC 20V
Verified at New Delhi on this the day of December, 2024 that the

contents of the above affidavit are true and correct to my knowledge, no

part of it is false and nothing has been concealed therefrom.

ORE ME READ
SOLEMNLY SWORN TOBEFTHE
b%é% '3 EXPLAINED DEPONENT

Mo
RDMITTED TO EE CORRECT
ATTESTED

Notary Public Delh}

KANTA RANA
E. No D/395/88 Notary/Avocate
Ch. Mo 408A Lawyers Chamber
Dwarxa Court New e 110075 18 DEC 202‘
Pubiic
Entry NU....‘..«....\:-&ue----...Noxary
 ANNEXURE - C1
16
Uz dgma A 1g] oo bnational bank
.the name you can BANK upon !

SASTRA DIVISION, HEAD OFFICE

PLOT NO.4, SECTOR-10, DWARKA, NEW DELHI-110075

Ref:SD/MV/RP/2024-25 24.10.2024

Sh. Lalit Kishore

M/s Globalite Industries Private Limited,
Email:lalit@boltt.com

Reg: Deletion of Names as ‘Fraud Declared’ from Record of Reserve Bank of India
from Central Fraud Registry and records of Reserve Bank of India in the account
of M/s Globalite Industries Pvt Ltd

Please refer to your mail dated 16.10.2024, wherein you have requested to delete the
name of M/s Globalite Industries Pvt. Ltd. and others from the list of Central Fraud
Registry and records of Reserve Bank of India.

Court order dated

In this regard, it is to inform that in compliance of Hon'’ble Delhi High
Industries Pvt. Ltd., fraud
22.05.2023 setting aside fraud in the account M/s Globalite
d from CFR database by
status has been deactivated by RBI at XBRL portal and remove
the Bank.

This is for your information.

~

(Muk as)
Dy. Gén. Manager

TRUE COPY
 17
ANNEXURE - Cz
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3205/2023
SHLALIT KISHORE &ORS. ... Petitioners
Through: Mr. Puneet Mittal, Sr. Advocate with
Mr. Ashish, Mr. Vijender K. Vats, Ms.
Sakshi Mendiratta & Mr. Rupendra
Pratap Singh, Advocates
versus

CENTRAL BUREAU OF INVESTIGATION & ANR.

..... Respondents
Through: Mr. Rajesh Kumar, SPP with Ms.
Mishika Pandita and Mohd. Changez
Ali Khan, Advocates for R-1.
Mr. Santosh Kumar Rout, Standing
Counsel for PNB with Ms. Dhama
Veragi, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

ORDER
% 20.11.2024

CRL.ML.A. 23468/2024

1. Application filed on behalf of Punjab National Bank for

rectification of the order dated 24.07.2024 vide which while quashing

the FIR No. RC0502022A0016 dated 22.12.2022 registered by CBI

against the Petitioner under Section 420 read with Section 120B IPC,
it has been recorded that PNB had given no objection to the quashing

of the present FIR. However, it is sought to be clarified that PNB had

merely stated that no dues remained from the Petitioner but had not

TRUE COPY
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 18/12/2024 at 17:52:37
 stated that it has no objection to the quashing of the FIR.
2. Learned counsel for the CBI submits that if the PNB is not
giving its consent then there can be no quashing of FIR.

3. Learned counsel for the Petitioner submits that the allegations

of fraud have also been withdrawn by the Bank vide letter dated

24.10.2024.
4. Submissions Heard.
5. Pertinently, it is an FIR under Section 420 IPC and once PNB is

stating that nothing is required to be recovered as all the dues have

been paid and the NOC letter has already been issued, nothing further
survives in the FIR. The objection taken by the CBI is without any

basis.
6. In view of the submissions made, it is hereby clarified that in
Paragraph 24 of the order dated 24.07.2024 that PNB had stated that

there are no dues left from the Petitioner. The rectification be

accordingly made.

7. Application disposed of.

NEENA BANSAL KRISHNA, J

NOVEMBER 20, 2024
k

TRUE COPY

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 18/12/2024 at 17:52:38