Ashwini Mehra Vs State of Odisha (Orissa High Court)
Orissa High Court held that contractual dispute cannot be tainted with criminality. Accordingly, pre-arrest bail granted to the company liquidator [petitioner] since insolvency proceedings are pending before NCLT.
Facts- The Petitioners are seeking pre-arrest bail in connection with Kamakhya Nagar P.S. Case pending in the court of learned Court in seisin for commission of offences punishable under Sections 418/420/34 IPC.
It is submitted that contractual disputes between the Informant and the accused persons, save and except the Petitioner (Ashwini Mehra) in ABLAPL No.5818 of 2025, who is the official liquidator, is being cloaked with criminality making false allegations against the Petitioners. As such they are entitled to be protected by pre-arrest bail.
Conclusion- Held that it is apt to note that on the date of registration of the FIR the Informant was evidently aware of the institution of the proceeding before the National Company Law Tribunal, Principal Bench, New Delhi as he has cited Mr. Ashwini Mehra, Petitioner in ABLAPL No.5818 of 2025 in his capacity as “Resolution Professional”. Evidently the claim in the FIR prima facie arises out of and in connection with the contract between the Informant and the Corporate Debtor Punj Lloyd Ltd. whose officials are Petitioners in ABLAPL Nos.4807, 5819, 5822 and 5839 of 2025. It is indeed baffling that the statutory provisions contained in the Insolvency and Bankruptcy Code, 2016 were not taken into account by the investigating agency.
