Allahabad HC Cancels ECIR and Two FIRs Against M3M India

23 Dec 2024 CW Team

In a media release, M3M India stated that the quashing of the FIRs and ECIR provided significant relief to the company, safeguarding its reputation and allowing it to focus on its on-going business operations. The company expressed that this ruling reaffirmed its commitment to ethical business practices and reinforced its trust in the judiciary. It also highlighted its on-going focus on delivering value to stakeholders and contributing to India's real estate sector with integrity.

The court further remarked that the initiation of criminal proceedings at the instance of the borrower was based on the suppression and concealment of relevant facts, coupled with unexplained delays and malicious intent to obstruct legitimate recovery efforts made by Indiabulls. The court stated that such proceedings aimed to create leverage in the on-going civil/arbitration proceedings between the parties. Therefore, the criminal proceedings were considered an abuse of the legal process and were deemed worthy of being quashed.

However, the HC clarified that the observations made in this judgment would not influence the on-going proceedings between the parties before the arbitrator or those pending before the court. All contentions related to issues pending before the competent forums were left open for adjudication according to the law.

The writ petitions were allowed to succeed, and the FIRs were quashed. The two FIRs had claimed that the transactions between M3M India, Indiabulls Housing Finance, and other stakeholders had caused financial harm and involved undervaluation of property assets. Based on these FIRs, the Enforcement Directorate (ED) had initiated an ECIR, adding to the legal challenges faced by M3M India.

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The Allahabad High Court quashed the Enforcement Case Information Report (ECIR) and the two subsumed FIRs, which were filed against M3M India as the predicate offense. The court ruled that the FIRs in Case Crime No. 427 of 2023, Case Crime No. 197 of 2023, as well as the proceedings initiated by the ED pursuant thereto registered as ECIR/HIU-I/06/2023 are quashed. In a media release, M3M India stated that the quashing of the FIRs and ECIR provided significant relief to the company, safeguarding its reputation and allowing it to focus on its on-going business operations. The company expressed that this ruling reaffirmed its commitment to ethical business practices and reinforced its trust in the judiciary. It also highlighted its on-going focus on delivering value to stakeholders and contributing to India's real estate sector with integrity. The court further remarked that the initiation of criminal proceedings at the instance of the borrower was based on the suppression and concealment of relevant facts, coupled with unexplained delays and malicious intent to obstruct legitimate recovery efforts made by Indiabulls. The court stated that such proceedings aimed to create leverage in the on-going civil/arbitration proceedings between the parties. Therefore, the criminal proceedings were considered an abuse of the legal process and were deemed worthy of being quashed. However, the HC clarified that the observations made in this judgment would not influence the on-going proceedings between the parties before the arbitrator or those pending before the court. All contentions related to issues pending before the competent forums were left open for adjudication according to the law. The writ petitions were allowed to succeed, and the FIRs were quashed. The two FIRs had claimed that the transactions between M3M India, Indiabulls Housing Finance, and other stakeholders had caused financial harm and involved undervaluation of property assets. Based on these FIRs, the Enforcement Directorate (ED) had initiated an ECIR, adding to the legal challenges faced by M3M India.

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