1 Vat (Appa 320 of 2011 in Apeal 108 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.320 OF 2011 IN CRIMINAL APPEAL NO.108 OF 2010 John Manmohan Bangera ...Applicant Vs. The State of Maharashtra and Anr. ...Respondents ----- Mr. B.M. Shaikh for Applicant Mr.Deepak R. More -APP for State. Mr. Prakash Naik appointed as Amicus Curiae Ms. P.R. Mala i/b. M/s. M.V. Kini & Co. for Respondent No.2. ----- CORAM: V.M. KANADE, J. DATED: 21st October, 2011 P.C. 1. The Applicant and the Investors have filed their consent terms, which are taken on record and marked 'X' for the purpose of identification. 2. The Applicant has agreed to pay all the investors the principal amount with interest @ 8% p.a. for three years. Initially in all 101 investors were identified and verification was made about their investments after the documents were tendered by them. Thereafter two more investors i.e. Mr.Vivek Rao and Mr.B.Ramanand Rao 2 Vat (Appa 320 of 2011 in Apeal 108 of 2010) have now approached this Hon'ble Court and they have also accepted the offer which is given by the Applicant and they have filed their affidavits. However, there are some investors, who have not yet filed their consent affidavits. The following investors, however, have not filed affidavits accepting the consent terms and they undertake to file an affidavit on or before 14th November, 2011 viz. Ravi Shetty, Satya Aarons, Anil Bhagwandas Gupta, Ms.Premlata Gupta, Bhagwandas Gupta, Sushil Kabra, Shree Radha Associates, Arun Kabra, Varun Kabra, Ms.Shamdevi Kabra, Ms.Vandana Kabra, Jayesh Govinda Sampat, Ashok Fatnani, Ms.Mudita Sood, Nakul Sood, Ms.Rajkumari Sood, Sanjeeva Sood, Chandra Damji Chheda, Jugalkishor Kanjani, Pawan Kanjani, Asha Vinod Khilnani, Hubeda Hafji Nurani, Shirish Shantilal Barodiya, Ms. Mala Punjabi, Anil D. Bajaj, Dwarkadas Bajaj, Ms.Veena D. Bajaj, Ms. Kalavati L. Bajaj, Ashok L. Bajaj, Ashok Agencies, Niraj A. Bajaj, Madhu A. Bajaj, Ms. Shobha M. Agnani, Ms. Mita Parmar, Kanchan L. Keshwani, Khatri Mastak Ahmed, N.N. Enterprises, N.J. Contractor, Rojling Ben, Kamlesh T.R., Ms. Laxmi T.R., Amit A.Kimbahune. The Investigating Officer had attached in all 22 properties at serial Nos.1 to 15 and 22 belonging to the Applicant and his group of companies. These consent 3 Vat (Appa 320 of 2011 in Apeal 108 of 2010) terms pertain to the properties owned by the Applicant. As a result of the said consent terms, which are filed, the entire amount which is due and payable by the Applicant to the all the investors is satisfied and is repaid and they have agreed to accept the said amount. The Applicant shall deposit the said amount which is due and payable and mentioned in the consent terms and also further amount in respect of those investors whose names are not mentioned in the list. 3. The Applicant, therefore, is directed to deposit principal amount of Rs.2,12,08,891/- plus interest @8%p.a. for three years i.e. Rs.51,06,934/-, totaling Rs.2,62,99,0241/- in respect of 101 identified valid investors. He shall also deposit further amount of Rs.45,000/- with interest @8% p.a. for three years i.e. Rs.10,800/- for that two added investors and Rs.25,000/- with interest @8% i.e. Rs.6,000/- for one investor i.e. Mr.A.A. Kimbahune. Only after the said amount is deposited by the Applicant in this Court, the attachment of the properties belonging to the Applicant shall be lifted. 4. The learned counsel appearing on behalf of the investors submits that he has taken the affidavit accepting the consent terms on behalf of the investors. However, the said affidavits are in the office of the 4 Vat (Appa 320 of 2011 in Apeal 108 of 2010) Applicant's advocate. Shri Shaikh, the learned counsel for the Applicant undertakes to file the said affidavit accepting the consent terms on or before 14th November, 2011. Those investors who have not filed their consent affidavits, also shall file their affidavits before the said date. The amount payable to the investors shall be deposited on or before 30th November, 2011. After the amount is deposited by the Applicant in this Court, the investors, whose names are mentioned and verified by the Investigating Officer and who have filed their consent terms shall be permitted to withdraw the said amount from this Court. Criminal Application and Appeal are, accordingly, disposed of in the aforesaid terms. 5. After the amount is deposited, the attachment of the properties of the Applicant shall be lifted and appropriate orders may be passed by the Special Court. 5. At this stage, I express my gratitude for the assistance given to this Court by amicus curiae Advocate Shri Prakash Naik and Shri Deepak More-APP for the State. (V.M. KANADE J.)