IT Correspondent
Mumbai, Dec 23:
The Bombay high court (HC) has rejected a plea filed by the Enforcement Directorate (ED) for permission to intervene and oppose closure by the Mumbai Police of a cheating case against Jet Airways and its ex-Chairman Naresh Goyal and his wife ex-Director Anita Goyal.
A single bench of justice Revati Mohite-Dere on Monday upheld a order of metropolitan magistrate’s earlier order refusing permission to ED to intervene in the matter and oppose the closure report submitted by MRA Marg police. ED had moved HC after the Mumbai sessions court rejected its appeal against the magistrate court order.
The case of cheating was registered with MRA Marg police station in South Mumbai in February 2020, after complainant approached the metropolitan magistrate’s court. The FIR was filed based on a complaint lodged by the complainant chief financial officer (CFO) of Akbar Travels of India Pvt Ltd (ATIPL). He alleged that in 2018-19, ATIPL had done business of Rs.900 crore with Jet Airways, of which Rs.21.31 crore was yet to be paid by the airline. In addition, the complainant alleged, they also made advance air ticket bookings of Rs.23.87 crore for the airline, which too was due. The complainant, thus, claimed that Jet Airways had defaulted on payment of Rs.46.05 crore to the company.
The CFO further claimed that when he met the Goyals’ they assured about payment but to no avail. He also said that the Goyals’ made ATIPL do business with them despite being aware of their financial crisis.
The police, after completing the probe, had on 09 March 2000 had filed a closure report (“C” report) claiming that they found no evidence that the complainant was cheated. The police, in its report, claimed the case was of civil nature and sought closure of the case. Subsequently ED filed an application seeking permission of the metropolitan magistrate court for intervening in the case to oppose the closure report, claiming police left out various crucial aspects in its probe and that it should be reinvestigated.
However the metropolitan magistrate rejected ED’ request and as such the agency filed a complaint in the Sessions Court on 19 September 2020. However ED’s plea was rejected even by the Sessions Court. As such the ED appealed in the Bombay High court through Advocate Sriram Shirsat. Appearing on behalf of the ED, Additional Solicitor General Anil Singh argued that the matter was related to money laundering and as such it should be investigated under the Prevention of Money Laundering Act 2002 (amended in 2019).
ED claimed that the Mumbai police did not properly investigate facts about three meetings between the complainant’s representative and Goyal’s, wherein ATIPL was assured of payment, and also did not record a statement of Goyal about his accounts with foreign banks. ED claimed that the police filed the report with undue haste and claimed that during their probe, they unearthed numerous foreign bank accounts of Goyal and his wife Anita and related entities in the UAE, UK, Switzerland, Singapore, USA etc. ED also mentioned that Anita holds eight properties outside India while the couple has around Rs 180 crore in one of their several accounts outside India.
In its plea, the agency asked the high court to not accept the closure report of the police and asked the court to direct the police to reinvestigate the complaint with regards to undisclosed accounts and assets of Goyal’s and his family members.
The Jet Airways (India) Ltd, an Indian international airline based in Mumbai, halted operations on 17 April 2019 and was taken over by the consortium, led by the Dubai-based entrepreneur Murari Lal Jalan and London-based Kalrock Capital. Thew new owners have confirmed the news that the airline will be restarting as a full service airline by the summer of 2021. In the meanwhile Goyal remains scot free.