2017 (1) TMI 1425 - SCH - Companies Law

SEBI power to issue show-cause notices to the Chartered Accountants in connection with the work which they have undertaken for a listed Company in the matter of maintaining accounts and balance-sheets - Held that - We direct, that all statements recorded during the course of investigation shall be provided to the respondents. We further direct, that all documents collected during investigation shall be permitted to be inspected by the respondents. The authors of such statements (recorded during investigation), which are to be relied upon (against the respondents), shall be offered for cross-examination to the respondents. Only thereupon, it will be permissible to rely upon the same. Since the process was initiated as far back as in the year 2010, and has remained pending since then, we consider it just and appropriate to direct the Whole Time Member, before whom the matter is pending, to conclude the same, within six months from today.

Summary

The Supreme Court of India directed that all statements and documents collected during investigation be provided to the respondents for inspection. The authors of statements relied upon against the respondents must be offered for cross-examination. The Court ordered the case to be concluded within six months from the date of the judgment, as it had been pending since 2010.