Bombay HC Stays Proceedings Against Company Controlled by NCP MLA Rohit Pawar

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Synopsis

The plea filed by the company contended that the second auditor's report was not made available to the company. The proceedings were initiated against the company for starting the sugar crushing before the date decided at the cabinet meeting

A division bench of the Bombay High Court comprising Justice Nitin Sambre and Justice RN Laddha has recently stayed the proceedings against company controlled by the NCP MLA Rohit Pawar.

The NCP MLA, Rohit Pawar, is the grand nephew of the NCP President Sharad Pawar and nephew of Deputy Chief Minister of the Maharashtra Ajit Pawar.

The executive director of the company had approached the Bombay High Court to quash the FIR against company which was lodged by a BJP leader who has lost to Rohit Pawar during the assembly elections. 

The high court in its order noted that the case will be heard on September 11 and till then the proceedings against Rohit Pawar will be stayed.

In September 2022 during the cabinet meeting it was decided that crushing season for the sugarcane would start from October 15. However, the BJP leader filed a complaint against the company stating the company controlled by Rohit Pawar had already started the crushing on October 10.

As per the cabinet meeting if anyone would start the crushing work before October 15 criminal action was to be initiated.

Subsequently, to inquire into the allegations the sugar commissioner appointed a special auditor. The special auditor submitted the report and stated that there was no irregularity.

However, the executive director alleged that that some reason the auditor was removed and a new auditor was appointed.

The second auditor report stated that the allegations made by the BJP leader were correct. However, allegedly the company was not given the report of the second auditor and became aware of the FIR only after a show cause notice was issued.

Case title: Subhash Jagannath Gulave vs State of Maharashtra