HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL Nos.1059, 1060 and 1083 OF 2014
DATED: 10.09.2014
WRIT APPEAL No.1059 OF 2014
Between:
Amway India Enterprises Private Limited … Appellant and Court below CID, State of Telangana, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL Nos.1059, 1060 and 1083 of 2014
COMMON JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti
Sengupta)
Learned counsel for the State submits that appeals themselves may be disposed of finally as they have been preferred against the interim relief.
We have heard Mr. Ravi, learned Senior Counsel appearing for the appellant Company and learned counsel for the State and we have seen the impugned orders. It appears to us that there is a debate whether the Investigating Officer can pass an order of seizing the bank accounts. Pursuant to the First Information Report, investigation is going on and pending investigation, some measure is required to be taken under law. All questions are kept open. Keeping in view the eventualities and particularly, for the sake of investigation, we modify the interim order passed by the learned trial Judge in the manner as follows:
The appellant Company shall furnish the bank guarantee for the entire amount mentioned in the First Information Report, from any nationalized bank in Hyderabad in favour of the Registrar (Judicial), High Court of Judicature, Hyderabad, within a week from date, and it should be kept pending till the disposal of the writ petitions.
The latest balance sheet of the appellant Company has been produced before us and it appears that the Company has got substantial assets. In addition to the above order, we restrain the appellant Company from transferring, alienating and disposing or encumbering in any manner the fixed assets as indicated in the aforesaid balance sheet, till the investigation is over. However, this order of injunction will not prevent the appellant Company from carrying on business in accordance with law and this may not be construed as hampering of investigation. We have given liberty to the investigating officer to proceed in accordance with law and in the interests of investigation, if carrying on business is required to be stopped then appropriate lawful measure may be taken. Our above observations and passing of this order will not be an influencing factor either before the learned trial Judge, Investigating Officer or before appropriate Court. After the bank guarantee is furnished, the bank account may be allowed to be operated and the statement of income and expenditure shall be furnished to the investigating officer.
The appeals are accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
10th SEPTEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni