3. 3-ITITT2T : Criminal Conspiracy, Demand of undue advantage by public servant, Taking undue advantage to influence public servant by corrupt or illegal means.

(.) k-i : fk-ifT *-14-14

(b) Day Date Time

(a) Suspected Offence

1

4i4 1

7211:17:91. urcitql ( tIM 154 TirWEIT TirOTi3T- Tff )

FIRST INFORMATION REPORT (Under Sec. 154 Cr.P.C.)

S. P.E.C.-II

1.Tff. 1119 Book No.

.A0-I -24. ri Serial Np./.

1. 1.irti : 1111 : q : 3.11-51.T. : District PS: Year FIR No. Date

New Delhi CBI, ACB, 2020 RC-DAI-2020-A-0001 11.01.2020

2. (1) fT-TH : New Delhi qT{T

Act IPC Sections 120-B

(2) fqqr9 : -4R1 : PC Act 1988 7 & 7A

Act

Sections (as amended in 2018)

( 3 ) foTITT-i : -IRI' :

Act Sections

(4) 3TP--T fay 7-4 $-TRET :

Other Acts & Sections

('T) Q TR .t-kti

(c) Information received at PS

qlich

Date

3-TRieT :

Entry No.

04 Date 11.01.2020 Time 3:30 P.M.

4. 19TT -WE :

Type of Information Complaint

(gcb

Written/Oral Written

S. 1:173T chi T-2-1T Delhi

Place of Occurrence

(T) 20 •4 q•?lf •q• :

(a) Direction & Distance from PS

/ Beat No.

2

qdf: (b) Address

(Ti) ETTiTT-QM 3T twit 4-qrtir+Rt 2TT9f -

(c) In case, outside the limit of this Police Station, then

2-Wil ¶

f.toi Name of PS

District

6. 3TP*Tft Trq-irw-d1 Complainant / Informant

11-T (a) Name

Sh. Nishant Bugalia

(Tft) fiat / r1-4 (b) Father's / Husband's Name

Dr. J.P. Bugalia

(TT) A-4 id 2.1 (IT) 7Tt7-dT Indian (c) Date of Birth (d) Nationality

ITTWO4. vii fq-itw ,11( TzTri (e) Passport No Date of Issue Place of Issue

czicmiq (f) Profession Private person

(U) Lim - (g) Address R/o 1-136, GF-Ivory Block, Emreld Hills Sector-65, Gurgaon

7. 11cf / Tite / 317id / :31'011. 'TT ri : Details of known / suspected / unknown accused with full particulars

tfrd 3T1-47TT c 3 - TT4(11-i cil) (Attached separate sheet, if necessary)

(1) 1. Sh. Arun Mohan, Interim Resolution Professional r/o C-356, Lohia Nagar, Gaziabad, Uttar (2)

Pradesh. (3)

2. Sh.Paresh Kumar, Director &CEO, M/s Multimax Asset Reconstruction Pvt. Ltd. at 108, 1St floor, 8, Pragati Deep Building, Laxmi Nagar District Centre, Delhi-110091

3

8. 3TFITzT)1ft / TF49-1-+7 g.Hr 7,0-91 ,114 f r chltuf :

Reasons for delay in reporting by the complainant / informant

No delay

9. .T1114 "ftWur ( qR 31rwErw 31-071

necessary) '4-11

371-0 / Tiliff :

Particulars of properties Stolen_ (Attach separate sheet, if

10. 3170 / ti+-c46 .1)(-1 1-r-{ :

Total value of property stolen

11. 1:14 / 3-1111C11"-n 9b1-111-, :

Inquest Report / U.D. case No. if any

12. 11211:l 1:F9T fa-17171 : - ( 3W-R -111 1 317"11 -cFfi q't)

First Information contents (Attach separate sheet, if required)

A typed complaint in English dt.10.01.2020 duly signed by Sh. Nishant Bugalia s/o Dr.

J.P. Bugalia r/o 1-136, GF-Ivory Block, Emreld Hills Sector-65, Gurgaon addressed to the

Supdt. of Police, CBI, ACB, New Delhi, has been received. The copy of complaint is enclosed.

The allegations mentioned in the complaint have been verified in the presence of

Independent Witness. The copies of Verification Reports dated 10.01.2020 and 11.01.2020

are enclosed.

4 The Complaint and the Verification Reports prima facie disclose commission of offence

punishable U/s 120 B IPC r/w sec 7 & 7A of PC Act, 1988 (As amended in 2018) against Sh.

Arun Mohan, Interim Resolution Professional r/o C-356, Lohia Nagar, Gaziabad, Uttar

Pradesh and Sh. Paresh Kumar, Director & CEO, M/s Multimax Asset Reconstruction Pvt. Ltd.

at 108, 15t floor, 8, Pragati Deep Building, Laxmi Nagar District Centre, Delhi-110091.

Hence, a Regular Case is registered and entrusted to Sh. H.V. Attri, Inspector, CBI,

ACB, New Delhi for investigation.

flem.4",

lAvvii-)ahae

To,

The SP, CBI,

Delhi,

Sir,

I and my wife were appointed as consultant by FRTech, Hyderabad on March 2017. Myself and my

wife worked for the company and the work was mailed to the company from my mail id from time

to time (March 2017 to Nov 2017). Against the work done by my wife and me, a sum of Rs. 15.20

Lakh against total sum of invoice amount Rs. 18Lakh. As such a sum of Rs. 2.8L (including the TDS) is

outstanding against the company.

The company has declared insolvent under the IBC (Insolvency and bankruptcy code) and one Mr.

Arun Mohan has been appointed as IRP (Insolvency Resolution 1),-ofessional) by the NCLT Mumbai,

vide order dated 14/11/2019.

I raised the claim for the outstanding amount of 2.8 Lakh (including -fps) to the IRP Mr. Arun Mohan

on 14.12.2019. IRP Mr. Arun Mohan demanded further details relating to my wife's appointment,

work; payment etc. I provided the details as desired by the IRP.

The IRP Mr. Arun Mohan made a telephonic call to me on 30/12/2019 from mobile No. 9810115721

on my mobile no. 8949318353 and asked me to meet him personally as a criminal case can be filed

against my wife. For the meeting, he asked me to come to the office of his friend Mr. Paresh Kumar,

at 108, First Floor, 8 Pragati Deep Building, Lakshmi Nagar District Center, Delhi 110092 on 31st Dec

2019. The said call has been recorded by me.

On 31St Dec 2019, I reached the said location at about 11:30 AM. There I meet Mr. Arun Mohan

along with his friend Paresh Kumar in his aforesaid Delhi office. During the conversation, Mr Arun

Mohan informed that my wife has committed fraud, therefore a cr;minal case would be registered

against my wife at Mumbai and she has to face the trial of criminal case at Mumbai. He further said

that he can help if I pay him a sum of 5 Lakh for hushing up the case. His friend Mr. Paresh Kumar

said that he would directly deal with me with regard to the receipt and payment of money of Rs. 5

Lakh

On 4th Jan 2020, I again visited the office of Mr. Paresh Kumar at about 1:30 PM. Mr. Arun Mohan

was also present in the office of Mr. Paresh Kumar. During the conversation, I requested to reduce

the demanded amount to 4Lakh, in the presence of all 3 of us, to which Mr. Arun Mohan refused. He

assured me that he would hush up the case in the court if the payment is made to him. He said that

he will send me the notice in this regard, but he will also help in g.:•t.ting the suitable reply prepared. I

recorded the conversation amongst me, Arun Mohan and Parc-A I:uamr in his office at Lakshmi

Nagar, Delhi. Mr. Paresh Kumar told me and Arun Mohan that ail further communication will be

done directly with him and he will receive the payment on behalf of Arun Mohan.

Therefore you are requested to kindly take the appropriate action as per the law.

c&,

ishant Bugalia

Date: 10 Jan 2020

1?-tbic\eA.c\- fl Loc.*, Es,yvv-kol )4'0-QA

PL ‘x4Licl21f2 ? c-- 2 (14(0411N-11

VERIFICATION REPORT in CO-01/2020,

CBI/ACB/New Delhi, Dated-10.01.2020

Today, i.e 10.01.2020, as directed by worthy SP/CBI/ACB/Delhi, in order

to verify the contents of typed complaint in English dated 10.01.2020, submitted

by Sh Nishant Bugalia S/o Dr. J.P Bugalia R/o 1-136, GF, Ivory Block, Emerald

Hills, Sec-65, Gurgaon, the presence of independent witness Sh. Amandeep Singh

(Emp. No.20019122) S/o Sh Brahm Prakash working as Junior Assistant, at

Zonal Revenue Office, South West-1st, Delhi Jal Bord, Kakrola Mor, Delhi R/o

VPO-Surhera, Najafgarh, New Delhi-110043 was secured in CBI office through

Duty officer of the branch. Meanwhile Ms. Pushpa Pathak, S.I, CBI, ACB, New

Delhi also joined the proceedings. The complainant Sh. Nishant Bugalia and

above named independent witness were mutually introduced to each other and

the purpose of assembly was explained. The typed complaint dated 10.01.2020 in

English was shown, read over and explained to the independent witness 8s Ms.

Pushpa Pathak, SI. The complainant and his wife were appointed as consultant

by FRTech, Hyderabad in March 2017. The complainant and his wife worked for

the company and the work was mailed to the company from his mail id from time

to time (March 2017 to Nov 2017). Against the work done by his wife and him, a

sum of Rs. 15.20 Lakh against total sum of invoice amount Rs.18 Lakh was paid

to them. As such a sum of Rs. 2.8 L (including the TDS) is outstanding against

the company.

It has been alleged that the company was declared insolvent under the IBC

(Insolvency and bankruptcy code) and one Mr. Arun Mohan has been appointed

as IRP (Insolvency Resolution Professional) by the NCLT Mumbai, vide order

dated 14/11/2019.

It has been further alleged that the complainant raised the claim for the

outstanding amount of 2.8 Lakh (including TDS) to the IRP Mr. Arun Mohan on

14.12.2019. IRP Mr. Arun Mohan demanded further details relating to his wife's

appointment, work, payment etc. The complainant provided the details as desired

by the IRP.

.y 0 1

1`4 1 t.I.Ak

L 0 1 r1-731-Z

2 V\19')d •Y° \\))

It has been further alleged that the IRP Mr. Arun Mohan made a telephonic

call to the complainant on 30/12/2019 from his mobile No. 9810115721 on the

mobile No. 8949318353 of the complainant and asked the complainant to meet

him personally as a criminal case can be filed against the wife of the complainant.

For the meeting, he asked the complainant to come to the office of his friend Mr.

Paresh Kumar, at 108, First Floor, 8 Pragati Deep Building, Lakshmi Nagar

District Center, Delhi-110092 on 31st Dec 2019. The said call has been recorded

by the complainant.

It has been further alleged that on 31st Dec 2019, the complainant reached

the said location at about 11:30 AM. Thereafter, the complainant met Mr. Arun

Mohan in the above mentioned office address of Sh. Paresh Kumar where Sh.

Paresh Kumar was also available. During the conversation, Mr Arun Mohan

informed that the wife of complainant has committed fraud, therefore a criminal

case would be registered against his wife at Mumbai and she has to face the trial

of criminal case at Mumbai. He further said that he can help if the complainant

pays him a sum of 5 Lakh for hushing up the case. His friend Mr. Paresh Kumar

said that he would directly deal with the complainant with regard to the receipt

and payment of money of Rs. 5 Lakh

It has been further alleged that on 4th Jan 2020, the complainant again

visited the aforesaid office of Mr. Paresh Kumar at about 1:30 PM. Mr. Arun

Mohan was also present in the office of Mr. Paresh Kumar. During the

conversation, complainant requested to reduce the demanded amount to 4 Lakh

on which Mr. Arun Mohan refused. He assured complainant that he would hush

up the case in the court if the payment is made to him. He said that he will send

notice to the complainant in this regard, but he will also help in getting the

suitable reply prepared. Complainant recorded the conversation amongst him,

Arun Mohan and Paresh Kumar in his office at Lakshmi Nagar, Delhi. Mr. Paresh

Kumar told to the complainant and Arun Mohan that all further communication

will be done directly with him and he will receive the payment on behalf of Arun

Mohan.

The complainant does not want to pay the bribe amount to the above

named suspect person/officials. Therefore, he submitted the instant complaint to

SP, CBI New Delhi for necessary legal action.

In order to verify the allegations alleged in the complaint, a new blank Sony

Digital Voice-Recorder and a new 8GB San disc external memory card was

arranged from caretaker of the CBI, ACB Branch. The functioning of the DVR was

explained to the all present. The memory card was inserted in the DVR after

ensuring its blankness. Thereafter, the introductory voice of independent witness

Sh. Amandeep Singh, was recorded directly in the aforesaid 8 GB memory card

through DVR. A CBI brass seal bearing No. 115/ 2019 was also arranged from

Malkhana, CBI, ACB, New Delhi. The complainant informed that Sh. Paresh

Kumar asked him to come with the demanded bribe amount at his office chamber

i.e M/s Multimax Asset Reconstruction Pvt. Ltd., at 108, 1st floor, 8, Pragati Deep

Building, Laxmi Nagar District Centre, Delhi-110091.

Thereafter, it was decided to visit the aforesaid office of suspect Sh Paresh

Kumar, hence office location of suspect was assured through the source.

Thereafter, the verifying officer, Ms. Pushpa Pathak, SI, CBI, ACB, New Delhi,

aforesaid independent witness and the complainant left office at about 04.25 PM

for the spot i.e. M/s Multimax Asset Reconstruction Pvt. Ltd., 108, 1st floor, 8,

Pragati Deep Building, Laxmi Nagar District Centre, Delhi-110091 in the official

vehicle along with the subordinate staff.

The verifying officer, Ms. Pushpa Pathak, SI, the complainant and the

independent witness reached and parked the vehicle at a safer distance from the

office of Sh Paresh Kumar. The complainant also informed that the suspect may

hesitate to demand the bribe amount in the presence of independent witness.

Accordingly, DVR on recording and hold mode was kept in the pocket of the

complainant in the presence of witness. Thereafter, the complainant moved

towards the office of the suspect. It was seen that the complainant goes to the

office of the suspect person situated at the first floor of the building. After 20-25

minutes (approx.) the complainant came out from the said office. Then the DVR

V°

3

was taken back from the complainant and was switched off in the presence of

witness.

The complainant was asked to narrate the incident on which he told that

when the complainant reached at the aforesaid office, Sh Paresh Kumar was

present there. After entering in the office, the suspect Sh Paresh Kumar told the

complainant to get relaxed and not to hesitate as he will help in the matter.

Suspect told that his case is complicated. The complainant requested to settle the

matter at Rs. 4 Lakhs and for this Sh. Paresh Kumar should talk to Sh Arun

Mohan. On which the suspect was agreed and said that "Thik hai kar raha hu".

Thereafter, a call was made by Sh. Paresh Kumar to Sh. Arun Mohan but the call

was not picked up. After that, the complainant discussed with Sh. Paresh Kumar

regarding the reply to be filed into the matter. In further discussion, the suspect

asked from the complainant "Kal aap kaha par deliver karoge". On which, the

complainant replied that he will come through uber with money as in metro there

is scanning machine and the cash of Rs. 4 lakhs will be noticed. Thereafter, the

suspect instructed to the complaint to inform him before departing from his

house. Meanwhile, a call was received from Sh Arun Mohan on the mobile phone

of Sh Paresh Kumar. During conversation, Sh Paresh Kurnar informed that

Bugalia Sahab is requesting to settle the matter in 4 Lakh on which Sh. Arun

Mohan was agreed.

Therefore, the verifying officer, alongwith Ms Pushpa Pathak, SI, witness

and complainant reached the Office at around 06:30 PM for completing further

proceeding.

Thereafter, the recorded conversation was heard through DVR which

corroborated the version of the complainant and a rough transcription was

prepared.

Thereafter, it was decided that the complainant should talk to Sh Arun

Mohan on his mobile No.9810115721 from his mobile No.8949318353.

Accordingly, the complainant made a call on the mobile of Sh. Arun Mohan at

about 09:19 p.m. on which he directed him to talk to Sh. Paresh Kumar for the

4

-•)1 1-A4---

1_0. D L 1 2451-4::) \o‘u\\ )D'

matter. The aforesaid call was also recorded in the memory card through DVR in

the presence of independent witness.

Thereafter, a call was made by the complainant from his mobile No.

8949318353 to the mobile No. 9818101389 of Sh. Paresh Kumar at about 09:21

p.m. and informed him about the conversation held with Sh Arun Mohan over

phone. Sh. Paresh Kumar assured to the complainant not to worry as he is there

to help him. The aforesaid call was also recorded in the Memory card through

DVR in the presence of independent witness.

Thereafter, the 8GB memory card used for recording the conversation

during verification proceeding was removed from the DVR and the same was put

in its plastic cover and the plastic cover was marked as "Q-1 in CO-01/2020"

and signed by Verifying officer, Ms Pushpa Pathak, SI, the independent witness

and the complainant. Then, the plastic cover containing memory card was again

put in its original cover and it was marked as "Q-1 in CO-01/2020" and signed

by Verifying officer, Ms Pushpa Pathak, SI, the independent witness and the

complainant. The original cover containing the memory card in its plastic cover

was put in a brown color envelope and this envelop was marked as "Q-1 in CO-

01 / 2020" and signed by Verifying officer, Ms Pushpa Pathak, SI, the

independent witness and the complainant. Then, the envelope was sealed with

CBI brass seal in the presence of Independent witness.

The facsimile impression of CBI Brass seal was also taken on this memo

and also on two white papers with lakh and ink as specimen seal for further

action and was signed by the independent witness and the verifying officer. The

CBI brass seal and the DVR used during this verification was handed over to the

above mentioned independent witness with direction to produce the same on

1 1 .0 1.2020 for the purpose of the further verification into the matter.

The verification has revealed that the National Company Law Tribunal,

Mumbai Branch in C.P No.2891/I&BP/2019 on 14.11.2019 appointed Mr Arun

Mohan as Interim Resolution Professional to carry the functions as mentioned

downloaded from official website of NCLT, Mumbai and the same is enclosed

herewith.

The verification has also revealed demand of bribe amount of Rs.4 Lakh on

the part of the suspect Sh. Paresh Kumar for hushing up the case against the

wife of the complainant in the court but the role of Sh. Arun Mohan needs further

verification. Hence, the further verification is kept open. The complainant and the

aforesaid independent witness have been directed to join the office on 11.01.2020

at 10:00 AM for further verification proceedings.

The verification memo was prepared in CBI office in presence of the

complainant and the independent witness and signatories signed this memo in

token of its correctness. The proceedings of the memo started at 06:30 PM and

concluded at 11:30 PM.

e t.‘1 2°I°

(Harnam Singh)

Inspector, CBI,ACB,Delhi.

(Verifying Officer)

(Amandeep Singh)

1 (Independent Witness) i v

(Nishant Bugalia)

the Complainant (Pushpa Pathak)

SI, CBI, ACB, New Delhi.

6

scIp)C.NO Nil)) N \

....\\))\----

261-6 kp\D\

IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH

C.P. No. 2891/I&BP/2019

Under section 7 of the IBC, 2016

In the matter of

Mr. Karan Lalwani

6, Olde No. 325, Matruchaya, lst Cross, 1st

Block, 6th main Hanumanth Nagar BSK, 1st

Stage, Banglore South, Karnataka - 560 050

.... Petitioner

v/s.

FR Tech Innovations Private Limited

A-1402, Serenity Towers, Off Oshiwara Link

Road, Jogeshwari (W), Mumbai - 400 102

.... Corporate Debtor

Order delivered on: 14.11.2019

Cora m:

Hon'ble Smt. Suchitra Kanuparthi, Member (Judicial)

Hon'ble Shri V. Nallasenapathy, Member (Technical)

For the Petitioner : Ms. Sarita Yadav, Advocate i/b J. L. Legal Advisors.

For the Corporate Debtor : Mr. Sunlit Agrawal a/w Mr. M. Rajguru, Advocates i/b

RegStreet Law Advisors.

Per: Suchitra Kanuparthi, Member (J)

ORDER

1. This company Petition is filed by Mr. Karan Lalwani (hereinafter called

"Petitioner") seeking to set in motion the Corporate Insolvency Resolution Process

(CIRP) against FR Tech Innovations Private Limited (hereinafter called "Corporate

Debtor") alleging that the Corporate Debtor committed default on 26.12.2018 in

making payment to the extent of Rs. 1,13,01,328/- including interest @ 90/0 p.a., by

invoking the provisions of Section 7 of the Insolvency & Bankruptcy Code, 2016

(hereinafter called "Code") read with Rule 4 of Insolvency & Bankruptcy (Application

to Adjudicating Authority) Rules, 2016.

2. Petition reveals that the Petitioner has advanced loans of Rs. 30,00,000/-, and

Rs. 35,00,000/- on 27.12.2017 and 09.12.2018 respectively, to the Corporate

Debtor. Subsequent to the advancing of above loans, the parties have entered into

the loan agreement on 03.04.2018 wherein the above said advance of loans were

acknowledged and it was agreed between the parties that the Corporate Debtor will

pay interest @ 9% on the amount borrowed from the Petitioner. Further the Petitioner

IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH

C P. No. 289I/I&BP/2019

had advanced another loan of Rs. 34,99,840/- on 12.04.2018. Thus, the amount

advanced works out to a sum of Rs. 99,99,840/-.

3. The Petitioner has enclosed statement of interest calculation in Annexure-D

page-42 wherein it is revealed that a sum of Rs. 13,01,488/- is due from the

Corporate Debtor towards interest as on 21.06.2019.

4. Heard the Counsel for the Petitioner. Heard the Counsel for the Corporate

Debtor who submits that they are accepting the liability as well as default. In view of

this, debt and default is proved. We have gone through the Form-1 filed by the

Petitioner and the saniC .s ire under.

5. This Adjudicating Authority, on perusal of the documents filed by the Creditor,

is of the view that the Corporate Debtor defaulted in repaying the loan availed and

also placed the name of the Insolvency Resolution Professional to act as Interim

Resolution Professional and there being no disciplinary proceedings pending against

the proposed resolution professional, therefore the Application under sub-section (2)

of section 7 is taken as complete, accordingly this Bench hereby admits this Petition

prohibiting all of the following of item-I, namely:

I (a) the institution of suits or continuation of pending suits or proceedings

against the Corporate Debtor including execution of any judgment, decree or

order in any court of law, tribunal, arbitration panel or other authority;

(b) transferring, encumbering, alienating or disposing of by the Corporate

Debtor any of its assets or any legal right or beneficial interest therein;

(c) any action to foreclose, recover or enforce any security interest created

by the Corporate Debtor in respect of its property including any action under

the Securitisation and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (SARFAESI Act);

(d) the recovery of any property by an owner or lessor where such property

is occupied by or in the possession of the Corporate Debtor.

(II) That the supply of essential goods or services to the Corporate Debtor, if

continuing, shall not be terminated or suspended or interrupted during

moratorium period.

(III) That the provisions of sub-section (1) of Section 14 shall not apply to such

transactions as may be notified by the Central Government in consultation

with any financial sector regulator.

(IV) That the order of moratorium shall have effect from 14.11.2019 till the

completion of the corporate insolvency resolution process or until this Bench

0"- V

0

1---11.0“04

10 oi 1140-0

IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH

C.P. No. 2891/18M/2019

approves the resolution plan under sub-section (1) of section 31 or passes an

order for liquidation of Corporate Debtor under section 33, as the case may

be.

(V) That the public announcement of the corporate insolvency resolution

process shall be made immediately as specified under section 13 of the

Code.

(VI) That this Bench hereby appoints Mr. Arun Mohan, having office at C-356,

Lohia Nagar, Gaziabad, Uttar Pradesh, Email:- arunm.bansal©gmail.com,

having Registration No. IBBI/IPA-002/IP-N00740/2018-19/12349 as

Interim Resolution Professional to carry the functions as mentioned under

Insolvency & Bankruptcy Code.

6. The Registry is hereby directed to communicate this order to both the parties

within seven days from the date order is made available.

SD/- SD/- V. Nallasenapathy Suchita Kanuparthi Member (Technical) Member (Judicial)

1-Itts‘44-

Lo } oi 2e.1.4)

3

FURTHER VERIFICATION REPORT dated 11.01.2020

in CO-01/2020, CBI/ACB/New Delhi.

Today, i.e 11.01.2020, in continuation of the verification report dated

10.01.2020, and in order to verify the role of suspect official Sh. Arun Mohan,

Interim Resolution Professional, having registration IBBI/IPA-002/IP-

N00740/2018-19/ 12349, I (Verifying Officer) alongwith Ms. Pushpa Pathak, SI,

Independent witness, complainant tit, subordinate staff were assembled in CBI,

ACB, New Delhi and a new sealed 8GB SanDisk memory card was arranged from

Caretaker, CBI, ACB, New Delhi. Thereafter, DVR &, CBI brass seal No.115/2019

was taken back from the independent witness Sh. Amandeep Singh and function

of DVR was explained to the all presence. After that, new memory card was

inserted in the DVR in the presence of Independent witness and also specimen

voice of Independent witness was recorded in the 8GB SanDisk memory card

through DVR. It has been noticed that the two calls has been got recorded in the

DVR in place of the memory card which were recorded on 10.01.2020.

Thereafter, it was decided to visit the office of suspect Sh Paresh Kumar,

hence office location of suspect was assured through the source. Thereafter, the

verifying officer, Ms. Pushpa Pathak, SI, CBI, ACB, New Delhi, aforesaid

independent witness and the complainant left office at about 10:50 AM for the

spot i.e. M/s Multimax Asset Reconstruction Pvt. Ltd., 108, 1st floor, 8, Pragati

Deep Building, Laxmi Nagar District Centre, Delhi-110091 in the official vehicle

alongwith subordinate staff.

The verifying officer, Ms. Pushpa Pathak, SI and the independent witness

reached and parked the vehicle at a safer distance from the office of Sh Paresh

Kumar. The complainant also informed that the suspect may hesitate to demand

the bribe amount in the presence of independent witness. Accordingly, DVR on

recording and hold mode was kept in the pocket of the complainant in the

presence of witness. Thereafter, the complainant moved towards the office of the

suspect. The verifying Officer, Ms Pushpa Pathak, SI, and the independent

witness took position in disguise manner. It was seen that the complainant goes

towards the office of the suspect person but from the entrance gate of the said

building he returned after making a call through his mobile phone and come

back on the main gate on the road. After 5-10 minutes (approx.) the suspect

person Sh Paresh Kumar came near to the complainant and meet him and a

discussion take place between them. After discussion of about 20-25 minutes,

the complainant moved towards the CBI vehicle which was parked at a safer

distance. Then the DVR was taken back from the complainant and was switched

off in the presence of witness.

The complainant was asked to narrate the incident on which he told that

when he reached at the main entrance gate of the building, where his office boy

informed that Sh Paresh Kumar is not in office, so you can call him over his

mobile phone. I (complainant) made a call on the mobile phone No.9818101389 of

Sh Paresh Kumar on which he asked to wait on the main gate on the road. After

5-10 minutes Sh Paresh Kumar came and was very annoyed by the call made by

the complainant to Sh Arun Mohan on the night of dt. 10.01.2020. After, long

discussion he finally agreed to accept the bribe amount of Rs.4 Lakh in lieu of

hush up the case against my (Complainants) wife. Sh Paresh Kumar also asked

to deliver the bribe amount today at 04:00 PM in the parking of the aforesaid

office. Thereafter, I (complainant) left for the place where the CBI vehicle was

parked.

Thereafter, the verifying officer, alongwith Ms Pushpa Pathak, SI, witness

and complainant reached at the CBI Office at around 12:50 AM for completing

the further proceeding.

Thereafter, the recorded conversation was heard through DVR which

corroborated the version of the complainant and a rough transcription was

01 i, ;14' prepared. i

,etfrkill

=,'-j---e; Thereafter, the 8GB memory card used for recording the conversation

during verification proceeding was removed from the DVR and the same was put

in its plastic cover and the plastic cover was marked as "Q-2 in C0-01/2020"

and signed by Verifying officer, Ms Pushpa Pathak, SI, the independent witness

and the complainant. Then, the plastic cover containing memory card was again

put in its original cover and it was marked as "Q-2 in CO-01/2020" and signed

by Verifying officer, Ms Pushpa Pathak, SI, the independent witness and the

complainant. The original cover containing the memory card in its plastic cover

was put in a brown color envelope and this envelop was marked as "Q-2 in CO-

01/2020" and signed by Verifying officer, Ms Pushpa Pathak, SI, the

independent witness and the complainant. Then, the envelope was sealed with

CBI brass seal in the presence of Independent witness.

Thereafter, the black DVR, Sony make having serial No. 2413128 used in

the verification of CO-01/2020 was signed by Verifying officer, Ms Pushpa

Pathak, SI, the independent witness and the complainant and kept in a brown

colour envelope. The envelope was sealed with CBI brass seal and envelope was

marked as "DVR in CO-01/2020". Verifying officer, Ms Pushpa Pathak, SI, the

independent witness and the complainant signed on the envelope.

The facsimile impression of CBI Brass seal was also taken on this memo

and also on two white papers with lakh and ink as specimen seal for further

action and was signed by the independent witness and the verifying officer. The

CBI brass seal used during this verification was handed over to the above

mentioned independent witness.

The verification has revealed demand of bribe amount of Rs.4 Lakh on the

part of the suspect official Sh. Arun Mohan, Interim Resolution Professional,

having registration IBBI/IPA-002/IP-N00740/2018-19/12349 and suspect Sh.

Paresh Kumar for hush up the case against the wife of the complainant in the

court.

On the basis of complaint submitted by the complainant and its

subsequent verification dated 10.01.2020 &, 11.01.2020, I recommend a Regular

Case may be registered against the above stated suspects namely Sh. Arun

Mohan, Interim Resolution Professional, having registration IBBI/IPA-002/IP-

N00740/2018-19/12349, C-356, Lohia Nagar, Gaziabad, Uttar Pradesh and

suspect Sh. Paresh Kumar, Director & CEO, M/s Multimax Asset Reconstruction

Pvt. Ltd., 108, 1st floor, 8, Pragati Deep Building, Laxmi Nagar District Centre,

Delhi-110091 u/s 120B IPC and section 7 & 7A of PC Act 1988 (as amended in

2018.

The verification memo was prepared in CBI office in presence of the

complainant and the independent witness and signatories signed this memo in

token of its correctness. The proceedings of the memo started at 01:00 PM and

concluded at 03:30 PM.

a(

(Amandeep Singh)

(Harnam Singh)

(Independent Witness)

Inspector, CBI,ACB,Delhi.

(Verifying Officer)

(Nishant Bugalia)

the Complainant

0

Q \jP°

(Pushpa Pathak)

SI, CBI, ACB, New Delhi.

4

/ Name

( 11-q) / Rank

P.Trffr aarwrff* Signature of Officer in-charge Police Station

CBI/ACB/NE DEL I Abhishek Due Supdt. of Pol a, CBI, ACB, New Delhi

4

13. : fF31:17)-*1 fqquirl sh4-114) 2 -4 dim4(gcl qm(3i1) *3-f-difu Ne..4 31TRI4T

z--cErit-d Wt-al t Action taken : Since the above information reveals commission of offence(s) u/s as mentioned at Item No. 2

(1) 4111-1011tATff fir Trzn T AN ATkii .31T 311ml Registered the case and took up the investigation or

RC registered

( 2 ) Mf7TU ( ,3111 3-Tfir+71

.4)

-4. X11 cfffzri TRU

Directed (Name of 10)

Rank

No. Took up for investigation

Sh. H.V. Attri

Inspector, CBI, ACB, New Delhi

(3) cbitui 1 \TIN Refused investigation due to

(4) lifffTi P-TtiteTd f*-TIT 1TTIT Transferred to PS

3T4qT or

OTrzTwR* 3T1tTR TR

on point of jurisdiction District

3151-41ft / 1I trq Liq'ict){ / -i14I TT 1T, f"* " .q 31fiTrffr-uff TETITTT fwzn 1 V,c q id 3TfiTzhill / t.1114)7tt I FIR read over to the complainant/informant, admitted to be correctly recorded and a copy given to the complainant/informant, free of cost.

L1 c -ffiFTT -q - zitt--ff 1.t1411111 R.O.A.C.

1'4 )Ski•A

14. a111 ii * Signature/Thumb impression of the complainant/informant

)2-' 01 2°2' co 4./41

15. -44iiiciq .0 OATT fJcf 1 Witt Date and time of despatch to the court

("TtIt 3TRITift *TRW{ ffrftu Trk-d) Signature of recording Officer with date