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2 booked for duping actor Vivek Oberoi get interim protection from arrest | Mumbai News
Bombay High Court on Monday granted interim protection from arrest till February 22 to Nandita Pran Gopal Saha, Raadhika Pratap Nanda who were booked for allegedly defrauding actor Vivek Oberoi of Rs 1.55 crore.
The actor’s company Oberoi Mega Entertainment LLP and its authorised chartered accountant Deven Bafna had filed a complaint before MIDC police station in Mumbai against the partners of Anandita Entertainment LLP, Sanjay Pran Gopal Saha (the actor’s former business partner), Nandita and Raadhika among others and others.
A single-judge bench of Justice Sarang V Kotwal on January 15 passed an interim order in anticipatory bail pleas filed by the two, in connection with an FIR registered by Mumbai Police. Nandita, mother of producer Sanjay Saha and one Raadhika Nanda moved HC after sessions court denied them interim relief. Sanjay Saha is presently in judicial custody.
Earlier this month, a division bench led by Justice A S Gakdari had disposed of a plea by Sanjay Saha, Raadhika and Nandita, stating that the accused could approach the trial court for relief since the chargesheet had been filed against them.
Advocates Abhishek Yende, Surbhi Agrawal and Vishal Dhasade for the applicants argued that the FIR showed that all decisions were taken by Sanjay Saha. The lawyers said that the main allegations against the present applicants were that a sum of Rs 5 lakh was invested in Tata AIG Life Insurance in Nandita’s name and a sum of Rs 10 lakh was taken by Raadhika by way of salary.
Lawyers for the applicants submitted that clauses in the agreement for ‘welfare of partners’ made a provision for such payment, and the said clause mentioned that ‘all partners had rights, title and interests in all assets and properties in proportion to their profit-sharing ratio.” They could draw a remuneration subject to profit of the firm and approval of all partners, therefore, the attributed against them were covered under said clauses, the lawyers argued.
“In any case, at the highest, this dispute is between the partners inter se, and for that a criminal offence is not made out. Counsel for the applicants has made out a case for grant of ad-interim relief,” the HC noted. Posting further hearing to February 22, the bench granted interim protection from arrest to the applicants till then.