2019 (3) TMI 1794 - HC - Companies Law

Direction issued to cause an enquiry - HELD THAT - It is directed that an inquiry be held in pursuance to the direction issued by the learned writ Court strictly in compliance with the provisions contemplated under the Companies Act, 1956. The parties may raise all objections as may be permissible with the statutory authority causing an inquiry into the matter under the Companies Act, 1956 in pursuance to the communication or the complaints received. Appeal disposed off.

Summary

Issues:
Interpretation of Section 16 of Section 213 of the Companies Act, 2013 regarding the continuation of investigations initiated under the Companies Act, 1956. Compliance with the provisions of Sections 234 and 235 of the Companies Act, 1956 during inquiries under the Companies Act, 2013.

Interpretation of Section 16 of Section 213 of the Companies Act, 2013:
The judgment addressed the interpretation of Section 16 of Section 213 of the Companies Act, 2013, which states that investigations initiated by the Serious Fraud Investigation Office under the Companies Act, 1956 shall continue under that Act despite the enactment of the Companies Act, 2013. The appellant argued that inquiries or investigations should be conducted in accordance with the provisions of Sections 234 and 235 of the Companies Act, 1956, rather than following the rules of the Companies Act, 2013. The court acknowledged the validity of this argument and directed that inquiries be conducted in compliance with the provisions of the Companies Act, 1956, as per the appellant's contention.

Compliance with Sections 234 and 235 of the Companies Act, 1956:
The judgment emphasized the importance of conducting inquiries in accordance with the provisions of Sections 234 and 235 of the Companies Act, 1956. It clarified that the inquiry directed by the writ court should strictly adhere to the procedures outlined in the Companies Act, 1956. The court instructed that all objections permissible under the statutory authority be raised during the inquiry process initiated under the Companies Act, 1956, based on communications or complaints received. Consequently, the appeal and pending application were disposed of in light of the court's directions regarding compliance with the relevant provisions of the Companies Act, 1956 during the inquiry process.

Overall, the judgment provided clarity on the continuation of investigations under the Companies Act, 1956 despite the enactment of the Companies Act, 2013, emphasizing the need to follow the procedures outlined in the former Act, particularly Sections 234 and 235, during inquiries. The court's decision aimed to ensure that inquiries are conducted in compliance with the statutory provisions of the Companies Act, 1956, reflecting a meticulous approach to legal proceedings in the context of corporate investigations.