Name of the Complainant: Vikram Sharma, Manager, Indusind Bank, Barakhamba Road, New Delhi

Police Station: CBI, BS&FB NEW DELHI

FIR No: RC0742023E0006

Section: SECTION 420, 120B IPC

Name of the Accused: Surya Vinayak Industries Ltd. and its Directors

That the FIR No. 65/2016 was registered at PS Barakhamba Road, New Delhi on 11.04.2016 u/s 420/120B IPC on the basis of written complaint of Sh. Vikram Sharma, Manager, IndusInd Bank Ltd., Gopal Das Bhawan, Barakhamba Road, New Delhi. The complaint of IndusInd Bank Ltd. was against M/s Surya Vinayak Industries Ltd. and its Directors having their Office at 13-B, 3rd Floor, Netaji Subhash Marg, Daryaganj, New Delhi – 110002 for cheating and committing fraud against the bank to the tune of Rs 29.92 Crores approx. as on 30.06.2013. The Department of Financial Services (Vigilance Section), Ministry of Finance, Government of India vide its letter dated 24.02.2023 addressed to Supdt. of Police, CBI, Banking Securities Fraud Branch, New Delhi has conveyed the approval of the Hon’ble Lt. Governor of Delhi vide letter dated 12.10.2022 for transfer of investigation of FIR No. 65/2016 dated 11.04.2016 u/s 420/120B IPC of PS Barakhamba Road, New Delhi, being investigated by the Economic Offences Wing, Delhi Police to CBI. The Ministry of Home Affairs vide its letter no. F. No. 14040/77/2022-UTP dated 30.06.2023 has conveyed its “No Objection” to taking over the investigation of FIR No. 65/2016 dated 11.04.2016 u/s 420/120B IPC of PS Barakhamba Road, New Delhi by the Central Bureau of Investigation. The contents of FIR No. 65/2016 are reproduced as under –

“27th December, 2013 To, Joint Commissioner of Police, Economic Offence Wing, Mandir Marg, New Delhi Sub: Request for registering an FIR against Surya Vinayak Industries Ltd. & its Directors having their office at 13-B, 3rd Floor, Netaji Subhash Marg, Darya Ganj, New Delhi-110002 for cheating and committing fraud.

Respected Sir, I Vikram Sharma, Manager of New Delhi Barakhamba Road Branch of IndusInd Bank Limited at Dr Gopal Das Bhawan Barakhamba Road New Delhi (Branch), am fully conversant with the facts of the case and also advised by my employer IndusInd Bank Ltd., a banking company incorporated under the provisions of Companies Act 1956, having its registered office at 2401 General Thimmayya Road, Cantonment Pune and having one of its branches at IndusInd Bank Ltd. Barakhamba Branch, Dr. Gopal Das Bhawan, 29 Barakhamba Road New Delhi. The copy of the Attorney is annexed herewith as Annexure A-1. 1. I would like to bring to your kind notice the following facts of the fraud committed and request you to kindly register my FIR against above mentioned company for cheating our IndusInd Bank Limited to the tune of Rs 29,92,83,224.57 (Rupees Twenty Nine Crores Ninty Two Lacs Eighty Three Thousand Two Hundred Twenty Four and paisa Fifty Seven only) which include interest upto 30.06.2013.

This company had approached the Applicant Bank and the Applicant as member of consortium of Banks led by Punjab National Bank had granted diverse credit facilities for its business purposes. The company had offered guarantees of Directors and Surya Vinayak Hospitalities Pvt. Ltd. as a security at the time of availing the said credit facilities. The credit facilities to the company were sanctioned under the consortium arrangement with Punjab National Bank being the leader of the consortium. The applicant bank had sanctioned credit limit to the company vide its sanction letter bearing no. IIBL/CAD/2010-11/1174 dated 30.07.2010. The total credit facilities sanctioned by the Consortium Banks to the Company was to the tune of Rs 1400 Crores out of which the share of the credit limits by the applicant bank was Rs 41.70 Crore (Rupees Forty One Crore Seventy Lacs only). The said credit facilities sanctioned by the applicant bank to the tune was in the nature of Export Packing Credit with sub-limit of Post Shipment Credit, Cash Credit/WCDL and Line of Credit for Short Term. The terms and conditions of credit limits sanctioned by the applicant bank vide its above said sanction letter were duly accepted by the company on the copy of the sanction letter as well as by way of resolution passed by the Board of Directors of company and Surya Vinayak Hospitalities Pvt. Ltd. The copy of the letter dated 30.07.2010 is annexed herewith as Annexure A-2. 3. That as security for the credit facilities sanctioned by the consortium of banks including the applicant bank, company has created first charge on movables and immovable properties on paripassu basis with all the consortium lenders by way of hypothecation and mortgage of properties.

4. That the company has duly availed the credit facility from time to time granted by the applicant bank. However the company has failed to maintain the financial discipline and committed breach of terms of sanction and the loan documents. The account of the company had become overdue and irregular due to malafide and willful default made by company in repayment of dues of the applicant. In respect of the Packing Credit Foreign Currency facility granted by the applicant to the company there was an outstanding amount of US $ 40,14,614.34 as on 29.06.2012 in the Export Packing Credit account of the company. The said outstanding dues were to be liquidated by company by submission of export Letters of Credit and Export Documents but the Company deliberately failed to liquidate the said dues. The said debit balance of USD 40,14,614.34 equivalent to Rs 25,19,93,895.84 was crystallized on 29.06.2012 and debited to a separate Cash Credit account of Company maintained with applicant Bank. The EPC which are outstanding and in default are detailed as under SI No Date of Advance Order/LC No & Dt Terms of payment Due Date/ Extended Due Date (USD) Amount o/s (1) 13- Apr-11 3020000.00 Purchase Contract 03U6252 dated 08.04.2011 Payment Term – Irrevocable LC from First Class Bank acceptable to Seller. Appropriation Term-Within 3 days from the date of Bill of Lading. (last date of shipment extended- 15.04.2012 to 30.04.2012) 07-Apr-12 2019914.3 (2) 15-Apr-11 15000.00 Purchase Contract 03U6252 dated 08.04.2011 payment term- irrevocable LC from First Class Bank Acceptable to Seller. Appropriation Term- within 3 days from the date of Bill of Lading. (last date shipment extended- 15.04.12 to 30.04.12) 07-Apr-12 15000.00 (3) 29-Apr-11 1134800.00 Purchase Contract 03U6262 dated 25.04.2011 payment term – irrevocable LC from First Class Bank acceptable to Seller. Appropriation Term – Within 3 days from the date of Bill of Lading (last date shipment extended – 15.04.12 to 30.04.12) 23-Apr-12 1134800.00 (4) 04-May-11 525000.00 Purchase Contract 03U6267 dated 25.04.2011 payment term – irrevocable LC First Class Bank acceptable to Seller. Appropriation Term – Within 3 days from the date of Bill of Lading (last date shipment
extended – 15.04.12 to 30.04.12) 28-Apr-12 525000.00 (5) 16-May-11 319900.00 Purchase Contract 03U6271 dated 13-05- 2011 payment term – irrevocable LC from First Class Bank Acceptable to Seller. Appropriation term – within 3 days from the date of Bill of Lading (last date shipment extended 01.05.12 to 15.05.12) – 09-May-12 319900.00. 5014700.00 4014614.34. The aforesaid PCFC loans in default were extended against confirmed purchase contracts/ orders of M/s Louis Dreyfus Commodities Pvt. Ltd. Singapore (part of Louis Dreyfus Group). This group is a major player in the global food chain and in processing of agricultural products/ commodities. The company had explained vide its letter dated September 10, 2012 that the exports could not be made on the account of the liquidity problems faced by it. The copy of the letter dated 10th September 2012 is annexed herewith as Annexure A-3. The company had earlier in the consortium meeting dated 13.06.2012 had informed that the exports orders were not executed after availing PCFC due to escalation in costs. However we have strong feeling that company has misappropriated the said amounts by not using it for the purposes purchasing such goods

that were meant to be export and therefore the applicant bank apprehends that the company has defrauded the lenders including the applicant bank.

5. The Applicant sent a notice of Wilful default dated 30.07.2012 to company and the Directors and Surya Vinayak Hospitality Ltd. and there directors. The company and the Surya Vinayak Hospitalities Ltd. while acknowledging the said notice had by their letter dated 10.09.2012 did not pay the dues of the Applicant citing the reasons of liquidity problem. The copy of the letter and the reply to the letter are annexed herewith as Annexure A-4.

6. That the defaults in repayment persist and the company did not regularize its Export Packing Credit Account and consequent thereupon the account of the company had become NPA on 28.09.2012 with the applicant bank. 7. That applicant vide its letter dated 05.10.2012 had called upon the company to repay the dues of the applicant which the company and its guarantors failed to pay. 8. That the Applicant issued demand notice dated 26.02.2013 under the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act 2002 and called upon the company and its Directors and Surya Vinayak Hospitalities Ltd. to pay to the applicant the then outstanding dues of Rs 28,06,31,159.90 as on
29.02.2013 with further interest @ 18.75% p.a. but the company continued to default. The copy of the Demand notice is annexed herewith as Annexure A-5.

9. The applicant bank also sent a legal notice through its Advocate dated 22.06.2013 calling upon the company to pay the outstanding amount due to the applicant bank but the company and its guarantors failed to pay.

10. The applicant bank has followed all the General Banking practice in sanctioning of the credit facility, post disbursement supervision and regular follow-up. However prima-facie, consortium banks including applicant bank feels that company/directors has siphoned of large amount of money by creating dubious debtors. The company has also diverted the amounts of financial assistances availed by them by not utilizing it for the purposes for which the said amounts/ loans were granted by the Applicant Bank. The company has misappropriated the said amounts by not using it for the purpose of purchasing such goods that were meant to be export and therefore the Applicant Bank apprehends that the company has defrauded the lenders including the Applicant Bank. In this manner the Company had make the wrongful loss to the lenders including the Applicant Bank and wrongful gain to themselves. We understand that some of the consortium member banks including lead Bank (Punjab National Bank) has also filed police complaint against company/ directors.

11. Further the company’s case is also reported as fraud case to Reserve Bank of India. 12. That the Applicant maintains its Books of Accounts in the regular course of Business and the accounts of the company reflects all debits and credits from time to time. In the Cash Credit account of the company there is now owing and due to Applicant a sum of Rs 29,92,83,224.57 (Rupees Twenty Nine Crores Ninty Two Lacs Eighty Three Thousand Two Hundred Twenty Four and paise Fifty Seven only) which include interest upto 30.06.2013 which the company, its Directors and Surya Vinayak Hospitality Limited are liable to pay with joint and several liability with further interest @ 18.75% per annum with monthly rests till payment. 13. That it is also understood and apprehended that the directors are left with no other option then to escape from the legal boundaries of the country and thereby leaving behind a huge amount of financial nasappropriation and loss to consortium member Banks. We hereby submit a copy of their Passport and request you for impounding of the same and issuance of letter to Passport Authority in relation to the gravity of the Criminal Misappropriation of the funds at the earliest thereby reducing the chances of their escape. 14. The above facts clearly demonstrate various illegal acts committed by the company which prima facie discloses the commission of cognizable offences. Hence it is requested to registered an FIR against the company including their Directors and the matter be investigated as per law as the hard earned money may be recovered from this company at the earliest. Awaiting your prompt and quick action please. With Regards

Yours Sincerely Sd English Vikram Sharma. DO to register a case u/s 420/120B IPC and investigation handed over to me