Arun Tandon, Umesh Chandra Srivastava, J. - (1.) Heard Sri Gopal S. Chaturvedi, Senior Advocate assisted by Sri Sikandar B. Koachar on behalf of the petitioner. Sri V.P. Srivastava assisted by Sri Pusp Raj Singh on behalf of the first informant-respondent No.4 and learned A.G.A. on behalf of the State respondents No.1, 2 & 3.
(2.) This writ petition has been filed under Article 226 of the Constitution of India by D.K. Gupta, Deputy General Manager, HDFC Ltd for quashing of the First Information Report lodged by loanee-respondent No.4 namely Ajeya Singh. It is admitted to the parties that Ajeya Singh, is none other than the son of Ex-Prime Minister of this country namely Late V.P. Singh.
(3.) Respondent No.4, is one of the Directors of M/s Atlantis Multiplex Private Ltd. He is Resident of 4 Ashoka Road, Allahabad. It is admitted to the parties that the company M/s Atlantis Multiplex Private Ltd. had obtained financial assistance from M/s. HDFC Ltd. of which the petitioner before this Court is Deputy Manager. The Financial Assistance obtained by M/s Atlantis Multiplex Private Ltd. was to the tune of Rs.25 crores. It is also admitted on record that there has been a default in repayment of the loan obtained by M/s Atlantis Multiplex Private Ltd. On record, there is a letter sent on behalf of the HDFC Ltd. issued under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as SARFAESI Act, 2002) dated 22.7.2009 wherein the amount outstanding against M/s Atlantis Multiplex Private Ltd. has been shown as Rs.32,88,84,581/-. A reply to the said notice has been given on behalf of the company by Sri Ajeya Singh, practically admitting his liability and stating that he was ready to liquidate the outstanding dues if one time settlement is arrived at. This we have only stated to bring on record that the first informant is none other than a loanee, who has committed default in the repayment of the money, the amount whereof runs into crores.;