VidhiSangh

Supreme Court of India · 11/09/2023

RELIGARE FINVEST LIMITED versus STATE OF NCT OF DELHI & ANR.

[2023] 12 S.C.R. 197 · 2023 INSC 819

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Summary

The Supreme Court quashed proceedings against DBS for alleged offences of erstwhile Lakshmi Vilas Bank officials before its compulsory amalgamation. Corporate criminal liability can arise through attribution of responsible individuals’ acts, but it does not automatically transfer with assets and liabilities. The scheme preserved prosecution of the former bank’s responsible officers; the charge-sheet disclosed no involvement of DBS. Their individual liability remained unaffected, while the complainant’s separate civil claim was not decided.

Issues

  1. Whether compulsory amalgamation transferred the predecessor bank’s alleged criminal liability to DBS.
  2. How the scheme’s continuation clause and proviso affected proceedings against DBS and former officials.

Provisions considered

Held

Result

DBS appeal allowed and complainant’s appeal dismissed without costs. High Court judgment set aside; criminal proceedings and consequential proceedings quashed only insofar as they involved DBS. Former officials’ individual criminal liability unaffected.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 197.