Crime
Delhi High Court restrains Gulf Petrochem FZC promoters from disposing of assets
Allowing the suit filed by OCM Singapore Njord Holdings Hardrada Pte Ltd, the Delhi High Court has granted an interim injunction restraining promoters of UAE-based Gulf Petrochem FZC from disposing of any of their movable or immovable assets, in connection with an alleged trade fraud of over 12 million USD.
“As consolidated above, the plaintiffs have made out a strong prima facie case in their favour and the defendants have not been able to make out any credible case of defence. Irreparable harm and injury would be caused to the plaintiffs, if the defendants were to dispose of their assets. Therefore, balance of convenience requires that the plaintiffs be granted interim injunction,” stated Justice Amit Bansal in an order passed on Friday.
The court also directed the defendant company promoters–Prerit Goel, Manan Goel to disclose all their bank account statements in India and abroad and particulars of movable and immovable assets within four weeks.
In the order, the court also specified the restraining of the property measuring 1 Bigha 12 Biswas situated in the revenue estate of Village Samalka, Tehsil Vasant Vihar, New Delhi.
As per the plaintiff Singapore-based shipping company, the United Arab Emirates-based Gulf Petrochem which had voyage chartered their Vessel “Torm Hardrada” on May 8, 2020.
The Vessel loaded 40,533.05 metric tonnes of Jet Aviation Fuel and a bill of lading was issued by the master of the Vessel, which was consigned to the order of Natixis, France, a French bank for delivery at Rotterdam.
On June 6, 2020, the defendant Petrochem company ordered the Vessel to proceed to Fujairah, UAE, and deliver the Cargo to Vitol Bahrain E.C which has to be delivered to the port of Rotterdam.Although the defendant company received payment from the buyers, they did not pay Natixis and misappropriated the proceeds of the sale. In the legal battle of Natixis, in order to mitigate their losses, the plaintiffs on November 16, 2020, furnished security of USD 14,908,056 to them towards theAprincipal claim amount of USD 12,423,380 around Rs 95.6 crore Indian money.
The Singapore company argued that the defendants have defrauded many more companies globally in a similar manner by inducing shipping companies to deliver cargo to other buyers without the production of the original bills of lading on the basis of Letter of Indemnities(LoI) and, thereafter, not honouring the said LoIs.
The court noted, as per the records, that the website of the defendant company has an office/place of business in New Delhi, a stand which they changed later.
The bench held that the defendants have failed to show that the territorial jurisdiction of the Court is highly debatable or prima facie not tenable.
Bollywood
Saif Ali Khan case: Mumbai Police find clues from crime scene
Mumbai, Jan 22: The Mumbai Police have recovered a piece of cloth from actor Safi Ali Khan’s apartment which belongs to accused Shariful Islam Shehzad Mohammad, the Bangladeshi national arrested in the attack case.
Sources said the Bandra police recovered cloth from Khan’s house, which the accused used to cover his face. The cloth fell from his face in Saif’s son Jahangir’s room during the scuffle.
The cloth can be seen in the CCTV footage when Shehzad is climbing up the stairs before committing the crime. The police have sent the cloth and hair samples for DNA testing to the forensic department.
Earlier, the officials said that Shehzad had entered the actor’s building, Satguru Sharan, in the Bandra area by scaling its compound wall and found the security guards sleeping.
Sources said that both the security guards in the building were sleeping when the attacker entered it by crossing over the boundary wall.
The sources further said that as Shehzad found both the security guards sleeping, he entered the building from the main entrance where no CCTV camera exists. The accused removed his shoes and kept them in his bag to avoid making any noise. He also switched off his phone.
The police on Tuesday recreated the crime scene with the accused at the building. Police took the accused wherever he went after fleeing from Saif Ali Khan’s house. Shehzad was taken to the garden near the Satguru Sharan building and then to the National College Bus Stop where he was said to have stopped and stayed for a while after committing the crime. During the probe, the police took Shehzad to the Bandra Railway Station from where he had fled. Police are trying to find out how he reached the station.
The police were trying to record the chain of events starting from Shehzad’s entry to the building to his fleeing before being arrested.
Saif Ali Khan was stabbed six times by Shehzad inside his apartment in the early hours of January 16. The actor underwent emergency surgery at the Lilavati Hospital and was discharged on Tuesday. Three days after the attack, the police arrested the accused from neighbouring Thane city.
A court in Mumbai on Sunday remanded the accused in five-day police custody.
Shehzad, a native of Jhalokathi district in Bangladesh was residing in Mumbai for over five months. He had been working odd jobs and was associated with a housekeeping agency, the police have said.
Crime
Society cannot have humanitarian approach towards an inhuman: CM Mamata Banerjee on RG Kar verdict
Kolkata, Jan 21: West Bengal Chief Minister Mamata Banerjee said on Tuesday that society cannot have a “humanitarian” approach towards an “inhuman” individual.
She said this while expressing her opinion on the verdict by a special court in Kolkata on the ghastly rape and murder of a woman doctor of R.G. Kar Medical College and Hospital.
The special court on Monday sentenced Sanjay Roy, the sole convict in the case, to life imprisonment.
“What is the meaning of ‘life imprisonment’? Often lifers get released on parole. If a convict is alive there is a chance that he might commit the same crime again. If anyone chooses to be ‘inhuman’, how can society be ‘humanitarian’ towards him? That is why we demanded a ‘death sentence’ for the convict in the R.G. Kar tragedy. It is really the rarest of rare crimes,” the Chief Minister said while addressing a state government programme in Malda district.
Her observations came just a couple of hours after the state government approached a division bench of the Calcutta High Court challenging the January 20 verdict of the special court and seeking the death penalty for the convict in the case.
Commenting on the murder of Dulal Sarkar a.k.a. Babla, the Trinamool Congress councillor from ward number 22 of English Bazar Municipality in the same district earlier this month, the Chief Minister gave a strong note of caution that the miscreants and mafias, even if associated with her party, will not be spared at any cost.
The murder is reportedly a fallout of infighting in the ruling party, sources had said.
Referring to the recent tension in neighbouring Bangladesh, having a stretch of international borders with Malda district, the Chief Minister emphasized that in case there are border skirmishes with the Border Security Force (BSF), the people residing in the bordering villages should refrain from going there during the period of tension.
“At the same time, the local people will have to be careful so that no terrorist can take shelter in the district either at any hotel or rent any room at a house in the bordering villages,” the Chief Minister said.
Crime
RG Kar case: Bengal govt moves Calcutta HC seeking death penalty for convict
Kolkata, Jan 21: The West Bengal government on Tuesday approached the Calcutta High Court, challenging the special court’s verdict sentencing Sanjay Roy, convicted in the rape and murder of a junior doctor of state-run R.G. Kar Medical College and Hospital, to life imprisonment.
State Advocate General Kishor Datta has approached the division bench of Justice Debangshu Basak and Justice Shabbar Rashidi seeking a “death penalty” for the convict.
The division bench has admitted the petition from the state government.
After the court pronounced the quantum of sentence, Chief Minister Mamata Banerjee announced on Monday evening that the state government would approach the Calcutta High Court challenging the verdict.
She also said the state government will be seeking the “death penalty” for the convict.
“I strongly feel that it is a heinous crime that warrants capital punishment. We will plead for capital punishment of the convict at the High Court now,” the Chief Minister said in a statement.
According to her, she was deeply shocked at the judgment of the special court which did not consider the crime as the “rarest of rare”.
“I am convinced that it is indeed a rarest of rare cases which demands capital punishment. We want to insist upon the death penalty in this most sinister and sensitive case,” the Chief Minister said in a statement.
“Recently, in the last 3/4 months, we have been able to ensure capital/ maximum punishment for convicts in such crimes. Then, why, in this case, has capital punishment not been awarded?” the Chief Minister’s statement added.
“We demanded the ‘death penalty’ for the convict. I don’t know how….Had the case been in our hands (read state police or Kolkata Police), the death sentence would have been pronounced much earlier,” the Chief Minister said.
While pronouncing the quantum of sentence, special court judge Anirban Das said that the Central Bureau of Investigation (CBI)’s contention that Roy’s offence in the matter was “the rarest and rare crimes” was not tenable.
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