ikas Kumar Sikaria Vs Union of India (Delhi High Court)
Delhi High Court held that writ seeking direction to Central Bureau of Investigation [CBI]; Enforcement Directorate [ED] and Serious Fraud Investigation Office [SFIO] to investigate in gigantic Westland Trade Pvt. Ltd. franchisee scam is dismissed.
Facts- The present three Writ Petitions under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 have been filed on behalf of the Petitioners for directing CBI to investigate collusion of ROC staff, bank employees and politicians in this gigantic scam; to direct the ED to investigate money laundering, benami transactions, disproportionate assets and other economic offences; to direct SFIO to investigate corporate, capital market & forensic fraud, etc.; and appoint a Forensic Auditor for recovery of petitioners’ hard earned money.
Conclusion- It is quite evident from the various Status Report that these Franchises Agreements were entered into with individual Complainant for different States. Therefore, though it is large scale scam committed by the accused Company, but these are all independent Franchisee Agreements entered into with Complainants. In fact, the clubbing of all these matters may lead to delay in investigating the Complaint of the individual Complainant, which pertains to a particular State.
