Bombay High Court grants interim protection from arrest to two accused booked for defrauding Vivek Oberoi

The Bombay High Court on January 15 granted interim protection from arrest to two women (applicants/ accused) booked for allegedly defrauding Bollywood actor Vivek Oberoi of ₹1.55 crores [Nandita Saha v. State of Maharashtra and connected matter]..Single-judge Justice SV Kotwal granted protection till February 22 to Nandita Saha and Raadhika Pratap Nanda, partners of Anandita Entertainment LLP, a partnership firm which also includes Oberoi and his wife. .The judge observed that no criminal offence was made out and it seemed to be a dispute between business partners.“The allegations attributed against the present applicants are covered under the clauses of the partnership agreement of December 1, 2020. In any case, at the highest, this dispute is between the partners inter se and for that criminal offence is not made out,” the Court held..The case arose from a complaint by Oberoi’s company, Oberoi Mega Entertainment LLP through its authorised representative Chartered Accountant Deven Bafna.As per the first information report (FIR), Vivek Oberoi had gotten acquainted with one Sanjay Saha in February 2020 and decided to establish a firm. Both of them agreed on certain clauses. Oberoi invested ₹27 lakh and was to get 33.33% of shares. The applicant-accused Nandita Saha is mother of Sanjay Saha. Both of them were to get 33.34% shares and balance 33.33% shares were to be given to the applicant Raadhika Nanda. A separate firm by the name Anandita Entertainment LLP was then formed. However, as per the FIR, Oberoi was cheated of his money to the tune of ₹1.55 crore.The main allegation against the two accused women was that ₹5 lakh was invested in Tata AIG Life Insurance in Nandita Saha’s name and ₹10 lakh was taken by Raadhika for her salary.While Sanjay Saha is presently in judicial custody the two accused Nandita and Raadhika approached the sessions court for anticipatory bail. After sessions court rejected the application, the two women approached High Court. .The applicants contended that the FIR clearly indicated that all decisions were taken by Sanjay Saha. They argued that the agreement contained clauses for welfare of partners, as per which all partners had rights, title and interests in all assets and properties in proportion to their profit sharing ratio. They could draw remuneration subject to profit of the firm and approval of all partners. In view of this, the allegations attributed against the present applicants were covered under the agreement, the applicants argued. .Justice Kotwal agreed with the submission and posted the matter for further hearing on February 22, 2024 after granting the two women interim relief..Advocates Abhishek Yende, Surbhi Agrawal and Vishal Dhasade appeared for the applicants.Additional public prosecutor Mahalakshmi Ganapathy appeared for State. [Read order]