In A Rare Tiebreaker, Allahabad High Court Grants Interim Protection To Indiabulls Officers In FIRs By Shipra Group
Live LawSettling conflicting views regarding the stay of FIR lodged by the Director of Shipra Estate against officers of Indiabulls Housing Finance Ltd. over disputes in a loan facility availed by them- without granting time to the Advocate General and counsel for the complainant for seeking instructions- the Allahabad High Court has ruled that it is a fit case for grant of interim protection. Justice Samit Gopal, the third judge to whom the matter was referred to following a split in the division bench of Justices Vivek Kumar Birla and Rajendra Kumar-IV, ruled in favour of IHFL officers. Justice Birla on the other hand favoured the grant of interim protection to the petitioners based on Gagan Banga vs. Samit Mandal & another whereby FIRs identical in nature were the subject matter and the Apex Court passed an order granting protection to the financial institution, its officers. Now, Justice Gopal has endorsed the view of Justice Birla, stating, "Perusing the order of the Apex Court in the case of Gagan Banga vs. Samit Mandal & another: Contempt Petition No.