Delhi HC transfers CMRL plea against SFIO probe to another Bench

Delhi High Court transfers CMRL petition challenging SFIO investigation to different Bench, amid oral understanding dispute, for further proceedings.

The Delhi High Court on Wednesday (April 9, 2025) transferred to a different Bench the hearing of a petition filed by Cochin Minerals and Rutiles Limited (CMRL) challenging an investigation by the Serious Fraud Investigation Office (SFIO) into the affairs of Exalogic Solutions Private Limited and CMRL.

At the very initial stage of arguments, Justice Girish Kathpalia, before whom the case came up for hearing, asked whether the present petition has not become infructuous in view of clear stand of the Centre that after completion of investigation an appropriate complaint has already been filed before the Special Judge, Kochi.

In response, senior advocate Kapil Sibal, appearing for petitioner, contended that there was an oral understanding between counsel for both sides that the complaint shall not be filed till disposal of this petition, though investigation may continue. This was strongly denied by Additional Solicitor General S.V. Raju.

Justice Kathpalia noted, “The fact remains that there is no such understanding on judicial record of this case”.

At this, Mr. Sibal requested that since the oral understanding was arrived at before the Bench of Justice Subramonium Prasad, who had heard the matter and is well aware about the said understanding between counsel for both sides, this matter may be placed before the said Bench.

Considering the circumstances, the court decided to transfer the case to Justice Prasad’s Bench for further proceedings, subject to it being cleared by the Chief Justice.

During the short hearing, Mr. Sibal contended that his client just got to know about some complaint being filed in connection with the case. He said this was against the assurance given by the counsel for the authorities during earlier hearing.