Former SBI chairman Pratip Chadhuri gets bail, Alchemist directors set to move to quash arrest orders, BFSI News, ET BFSI

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The Jodhpur bench of the Rajasthan High Court has granted bail to former SBI chairman Pratip Chaudhuri in the Garh Rajwada case staying the Jaisalmer court’s arrest warrant issued in February 2020. Chaudhuri has been released on Tuesday and will fly to Delhi tommorrow, nine days after he was taken into custody, a person with direct knowledge of the matter said.

Meanwhile employees and other directors of Alchemist ARC including CEO Alok Dhir have got a stay against any action by the Rajasthan police in the case and will move the High Court to quash the order.

The Jodhpur bench on Tuesday granted stay of order dated and all consequential orders passed by the chief judicial magistrate of Jaisalmer in a hearing of the petition and directors. “The court has also observed that the case is of civil nature and that similar FIR has been quashed by the Supreme Court,” the person cited above said.

Chaudhuri will have to move a separate petition to quash any action against him in the case.

The Indian banking industry was shocked on November 1 after police from Jaisalmer arrested Chaudhuri following a complaint from a defaulter who lost his property during a resolution process. Chaudhuri was SBI chairman between April 7 2011 and September 30 2013.

The case refers to the ‘Garh Rajwada’ hotel project in Jaisalmer, financed by SBI in 2007. Since the project was not completed for three years and a key promoter passed away in April 2010, the account slipped into the non-performing asset (NPA) category in June 2010. Subsequently, the Rs. 25 crore loan was sold to Alchemist Asset Reconstruction Co (ARC) in 2014 of which Chaudhuri became a director on superannuation from the bank.

The promoter Harendra Singh Rathore had launched a protest petition in a Jaisalmer court alleging conflict of interest against Chaudhuri after the intital FIR filed in 2015 was closed after the Rajasthan police said it was a civil matter.

Subsequently, a Jaisalmer court had issued an arrest warrant against Alchemist directors including Chaudhuri and CEO Dhir.



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HC rejects bail pleas of Rana Kapoor’s wife, daughters, BFSI News, ET BFSI

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The Bombay High Court Tuesday rejected bail pleas filed by jailed banker Rana Kapoor’s wife Bindu Kapoor and their daughters Roshini and Radha Kapoor Khanna in a case of alleged fraud caused to Yes Bank Ltd (YBL).

Kapoor is the cofounder of YBL who was arrested in the said matter in March, 2020.

Justice Bharati Dangre, after hearing all the parties had posted the matter today for the pronouncement of the order. The court gave an oral in the said matter.

The Kapoors, in three identical but separate bail pleas, challenged a special Central Bureau of Investigation (CBI) court order that rejected their bail applications and remanded them to judicial custody.

The trio since then have been lodged at Byculla district jail in Mumbai.

As per the CBI, Rana Kapoor and his family members had allegedly received kickbacks of around Rs 600 crore for an investment of Rs 3,700 crore made by Yes Bank in DHFL’s debentures.

Counsels appearing for Bindu Kapoor and her two daughters argued that they have so far extended fullest cooperation to CBI and was not arrested during the investigation.

“On August 20, 2021, the trial court took cognizance of various non-bailable offences and summoned applicants to appear before it as an accused. The applicants immediately submitted to its jurisdiction by appearing personally on September 4, 2021, and moved a bail application in terms of Section 439 of CrPC,” argued counsel for the Bindu Kapoor.

However, special counsel Hiten Venegaonkar, appearing for the investigation agencies countered this argument and said that the CBI court had already considered all these submissions before rejecting the plea.

Senior Advocate Amit Desai appeared for Roshini Kapoor in the case, while Mahesh Jethmalani, senior advocate argued for Bindu Kapoor and Radha Kapoor Khanna in the case.

“The interest of the investigation agencies stand protected as the Enforcement Directorate (ED) has attached properties and bank accounts of the applicant to the tune of Rs 600 crore under various provisional attachment orders,” argued the petition filed by Radha Kapoor Khanna.

“Special Judge failed to consider that the applicant has been granted bail in the PMLA case arising out of the current FIR in the same facts and circumstances,” Khanna’s petition said.

The special court, while rejecting their bail petitions, had observed that the trio are involved in the wrongful loss of public money to the tune of Rs 4,000 crore, which belongs to the public at large, including bank depositors and shareholders.



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ICICI-Videocon PMLA case: HC grants bail to Deepak Kochhar

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The Bombay High Court on Thursday granted bail to Deepak Kochhar, husband of former ICICI Bank CEO Chanda Kochhar, in a money laundering case registered by the Enforcement Directorate (ED).

Kocchar had approached the high court after a special court in the city rejected his bail in December last year.

Also read: ICICI Bank launches instant EMI facility on net banking for high value transactions

Justice PD Naik of the high court granted bail to him on merits on Thursday.

Kocchar was arrested by the ED in September last year under the Prevention of Money Laundering Act (PMLA) in the alleged ICICI Bank-Videocon money laundering case.

The ED registered the money laundering case following an FIR registered by the Central Bureau of Investigation (CBI) against the Kochhar couple, Videocon Group promoter Venugopal Dhoot, and others for allegedly causing loss to ICICI Bank by sanctioning loans to the Videocon Group of companies in contravention to the policies of ICICI Bank.

Kochhar had argued that the ED had taken note of all the alleged proceeds of crime in the case, so there was no chance of him creating any third party rights, or interfering with the probe if out on bail.

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