- (1.) Seeking quashing of order dated 21.12.2013 whereby, one of the Branch Offices of the petitioner-Company at Palamau has been sealed, the present writ petition has been filed.
(2.) The petitioner-Company was incorporated under the Companies Act, 1956 on 03.03.1999. The petitioner-Company is in the business of real estate having branches all over the country. It has been accredited with ISO 90012008 certificate. The Company has launched several projects for building commercial complexes, hotels and farms in different cities of the State of Jharkhand. The RBI made certain enquiries into the working of the petitioner-Company however, nothing irregular was detected. Vide letter dated 02.09.2011, the National Housing Bank clarified that the petitioner-Company does not fall under the purview of National Housing Bank Act, 1987 and its annual accounts for financial year 2008-09 does not disclose any outstanding public deposit. In turn, the RBI vide communication dated 06.09.2012 informed the Department of Institutional Finance, Government of Jharkhand that the petitioner-company is not a Non-Banking Finance Company, still one of the office premises of the petitioner-Company has been sealed by the respondent-Sub-divisional Officer.
(3.) Mr. R.S.Mazumdar, the learned Sr. counsel for the petitioner submits that the sealing of one of the offices at Palamau is without jurisdiction. The petitioner's office was sealed not in connection with registration of the FIR. Referring to letter dated 13.08.2012, the learned Sr. counsel submits that the respondent-State issued a letter to the RBI for relaxing the ban imposed upon the petitioner-Company. It is contended that letter dated 21.12.2013 has been issued in ignorance of the Government's stand and therefore, the said order is liable to be quashed.;