# Eraaya Lifespaces Limited & Ors. vs. The State of West Bengal & Anr.

> HC judgment dated 2026-07-01. Citation: TCN-2026-HC-00031. The petitioners, including Eraaya Lifespaces Limited and its directors, company secretary, and CFO,…

- **Court:** HC
- **Order date:** 1 Jul 2026
- **Citation:** TCN-2026-HC-00031
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/eraaya-lifespaces-limited-ors-vs-the-state-of-west-bengal-anr-clh89

## Summary

### Background

The petitioners, including Eraaya Lifespaces Limited and its directors, company secretary, and CFO, sought to quash an investigational proceeding (GR Case No. 3134 of 2025) initiated by opposite party No.2 (a shareholder). The complaint alleged forgery, criminal conspiracy, and fraudulent activities. Specifically, it was claimed that accused no.1 (not a petitioner) filed a company petition before the NCLT using forged documents, including a Special Power of Attorney (SPA), and that petitioner no.5 (Company Secretary) provided confidential company emails to accused no.1. The NCLT had issued a status quo order, which allegedly benefited petitioner no.1. The petitioners argued that no prima facie case was made out, the police station lacked territorial jurisdiction, and

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## Facts

Petitioners sought to quash the investigational proceeding GR Case No. 3134 of 2025 under sections 3(5)/336(3)/338/340(2)/49/61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Petitioner no.1 is Eraaya Lifespaces Limited, a public limited company.

Petitioners no. 2 to 4 and 7 to 8 are directors of petitioner no.1.

Petitioner no.5 is the Company Secretary and petitioner no.6 is the Chief Financial Officer (CFO) of petitioner no.1.

Berhampore Police Station Case no. 1057 of 2025, corresponding to GR Case No. 3134 of 2025, was registered on 17.05.2025.

The case was based on a letter of complaint dated 28.02.2025, lodged by opposite party (OP) No.2.

OP No.2 is a shareholder in Eraaya Lifespaces Ltd. and accused no.1 (not a petitioner) is also a shareholder.

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## Issues and analysis

### Issue 1: Whether a prima facie case is made out against the …

**Ratio:** The High Court, when considering a petition for quashing a criminal proceeding, must

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**Reasoning:** The FIR contains specific allegations of forgery, criminal conspiracy, and fraudulent

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**Interpretation:** A prima facie case is established if the allegations, as they stand in the FIR,

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**Application:** The court found that the FIR discloses a prima facie commission of various

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## Parties

- **Judges:** AJOY KUMAR…
- **Appellants:** Eraaya Lifespaces…; Bikash…; +6 more
- **Respondents:** Eraaya Lifespaces…; The State of West…
- **Other parties:** Kalabu…
- **Advocates:** Sandipan G…; Ayan Bhatta…; +12 more

## Timeline

- **2024-08-23 — Impugned Offering…**: The date of the impugned Offering Circular, which was subject to queries from accused…
- **2024-12-27 — Email from Acc…**: Accused no.1 wrote an email putting up certain queries regarding the office circular…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(5) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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