Bombay High Court Grants Interim Protection To 2 Women Booked For Defrauding Vivek Oberoi

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Synopsis

The high court said that the criminal offence was not made against the two women and granted anticipatory bail

The Bombay High Court has granted interim protection from arrest to women who were booked for defrauding Bollywood Actor Vivek Oberoi for Rs. 1.55 crores.

The single-judge bench of the high court was hearing the appeal filed by two accused, Nandita Saha and Radhika Nanda who were partners along with Oberoi and his wife in an LLP. 

The complaint filed by the Chartered Accountant of Oberoi stated that Oberoi along with one Sanjay Saha invested in a LLP. Oberoi paid Rs 27 lakhs for a share of 33.33%.

33.34% share was to be given to Sanjay Saha and his mother Nandita Saha. The balance 33.33% share was of Radhika Nanda. 

It was alleged that Rs. 10 lakh was invested for life insurance in the name of Nandita Saha and Rs. 5 lakh was withdrawn by Radhika as salary.

After an FIR was filed Sanjay Saha came to be arrested and Radhika and Nandika applied for anticipatory bail before the Sessions Court. 

The Sessions Court rejected the application against which both of them filed an appeal before the high court. 

Both Nandita and Radhika contended that as they were partners in the LLP they were entitled to remuneration as per the clauses of the LLP agreement.

The high court said that the criminal offence was not made against the two women and granted anticipatory bail.

"The allegations attributed against the present applicants are covered under the clauses of the partnership agreement of December 1, 2020. In any case, at the highest, this dispute is between the partners interse and for that criminal offence is not made out," the order reads.

The high court has posted the matter for further hearing on February 22, 2024.

Case title: Nandita Saha vs State of Maharashtra