# In the matter of Anant Kajare Vs. Eknath Aher & Anr. Civil Appeal No. 20971-2017

> SC judgment dated 2019-02-12. Citation: TCN-2019-SC-00091. Civil Appeal No. 20971/2017 involves Anant Kajare as the appellant and Eknath Aher & Anr. as the…

- **Court:** SC
- **Order date:** 12 Feb 2019
- **Citation:** TCN-2019-SC-00091
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/anant-kajare-vs-eknath-aher-anr-civil-appeal-no-20971-2017-983c34fb

## Summary

### Background

Civil Appeal No. 20971/2017 involves Anant Kajare as the appellant and Eknath Aher & Anr. as the respondents. The case includes numerous interlocutory applications (IAs) and special leave petitions (SLPs). The court is addressing issues related to forensic audits, buyout of shares, and the sale of mortgaged properties. The State of Maharashtra has also filed an Intervention Application. The case involves multiple companies, including Luxora Infrastructure Pvt. Ltd., Aanya Properties Ltd., and Access Investments India, and concerns about circular trading and potential links to the Mirah Group/Goenka Family and Shetty Group.

## Facts

Anant Kajare filed Civil Appeal No. 20971/2017 against Eknath Aher & Anr. The case involves numerous IAs and SLPs. Forensic audits are being conducted to investigate financial transactions. Luxora Infrastructure Pvt. Ltd., Aanya Properties Ltd., and Access Investments India have filed affidavits. Deloitte is conducting forensic audits and has found prima facie evidence of circular trading. The court is overseeing the sale of mortgaged properties, including an office premise in Lower Parel, Mumbai. The State of Maharashtra has filed an Intervention Application. The case involves concerns about potential links to the Mirah Group/Goenka Family and Shetty Group. The Resolution Professional is directed to create a portal for reports. The Economic Offences Wing has been

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## Issues and analysis

### Issue 1: Whether the forensic audit should be …

**Ratio:** The court relies on forensic audits to uncover financial irregularities and ensure

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**Reasoning:** The court directs Deloitte to conduct forensic audits and submit reports to identify

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**Interpretation:** Forensic audits are crucial for understanding complex financial transactions

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**Application:** The court orders Deloitte to conduct forensic audits of various companies and

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** ANANT K…
- **Respondents:** ΕΚΝΑΤΗ…

## Timeline

- **2018-10-23 — Order regarding project…**: The project at Nagpur was allowed to proceed subject to Directors of three companies…
- **2018-12-10 — Interim forensic report…**: Deloitte's interim forensic report pointed out prima facie circular trading to the extent…

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