2016 (9) TMI 1602 - HC - Companies Law

Principles of natural justice - appointment of Chartered Accountants by the IFCI - report of the Chartered Accountants prepared without giving an opportunity of hearing to the respondents - HELD THAT - In the opinion of this Court, as the gist of the Chartered Accountants report prima facie discloses serious allegations of diversion and rotation of funds of a large amount, the matter needs to be investigated - Consequently, the Serious Fraud Investigation Officer (SFIO) is directed to investigate the prima facie allegations which have been referred to in the gist of the report. Needless to state, the SFIO will give an opportunity of hearing to the respondents as well as the petitioner before submitting its report and suggesting the future course of action. Learned counsel for the petitioner-IFCI is directed to forward a copy of this order along with the entire paper book to SFIO. The SFIO is directed to submit its report before the next date of hearing - List on 16th February, 2017.

Summary

Issues:
1. Forensic Audit Report findings regarding diversion of funds and financial irregularities.

Analysis:
The judgment pertains to a case where the Forensic Audit Report prepared by Chartered Accountants of IFCI revealed serious allegations of diversion and rotation of funds by the respondents. The report highlighted various discrepancies, including non-submission of complete Income Tax and Wealth Tax returns by the respondents, missing bank account details, dubious cash transactions, and possible fund diversions between the company and its promoters. The audit report also flagged concerns regarding related entities, outstanding dues, and suspicious fund transfers among accounts. The Court noted that the conclusions in the audit report warranted further investigation due to the gravity of the allegations.

The Court directed the Serious Fraud Investigation Officer (SFIO) to conduct a thorough investigation into the prima facie allegations outlined in the audit report. The SFIO was instructed to provide an opportunity for the respondents and the petitioner to present their perspectives before submitting a detailed report and recommending future actions. The petitioner, IFCI, was tasked with providing a copy of the court order and all relevant documents to the SFIO for their investigation. The SFIO was required to submit its report before the next scheduled hearing date.

In response to the objections raised by the respondents' counsel regarding the audit report's findings, the Court emphasized the need for a comprehensive investigation given the significant amount of funds involved and the serious nature of the allegations. The Court's decision to involve the SFIO was based on the need for an independent and expert investigation into the financial irregularities highlighted in the audit report. The order aimed to ensure a fair and transparent examination of the allegations to determine the extent of fund diversion and any potential legal implications for the parties involved.

Overall, the judgment underscores the importance of thorough financial scrutiny in cases involving allegations of fund diversion and financial misconduct. By involving a specialized investigative agency like the SFIO, the Court aimed to ensure a detailed examination of the audit report's findings and to determine the appropriate course of action based on the investigation's outcomes. The directive for a prompt investigation and report submission reflects the Court's commitment to addressing financial irregularities promptly and effectively to uphold the integrity of financial transactions and legal compliance.