Goyal had moved the HC against a forgery case registered by the Economic Offenses Wing (EOW) of the Mumbai Police. The matter pertains to the sale of the shares pledged by Ganesh Group of companies. The petitioner initiated arbitration to recover the amount that was still pending as against the loan advanced in 2001. However following an adverse order from the Arbitral Tribunal, the petitioner contended that the respondents were content not to pay the monies due to them, but instead engaged in the filing of complaints and FIRs.
Goyal was represented through his counsel advocate Vijay Aggarwal who submitted that even the police complaint dated March 13, 2021 was closed by the Andheri Police Station as revealed through an RTI request that was placed by the petitioner. Aggarwal contended, “…in this light of the matter, there was absolutely no justification for the Andheri Police to again transfer the complaint to the EOW on 13.06.2022, pursuant to which, the EOW registered an FIR, more particularly, when the Andheri Police had closed the very same complaint received by them on 15.12.2021. The petitioner cannot be prosecuted twice for the very same transaction”.
However the counsel for the respondent argued that the second complaint was filed on these three counts ie the petitioner did not have the requisite license to lend money; that they have not disclosed that the company to whom shares were sold, was their own sister company; and that there was forgery of some contract notes.
While quoting a famous song of Bob Dylan, Aggarwal further argued “… how many roads must a man walk down before he is called a man?” indicating that his client had already been at the receiving end of multiple attempts to institute FIRs and two police complaints by the respondents. He also brought to the notice of the High Court an order by the Supreme Court, whereby the apex court, in the instant case, stayed the matter on the FIR registered by the Andheri police station.
The HC has asked the EOW and Andheri police to submit detailed affidavits and case diary within two weeks.