2020 (3) TMI 1391 - HC - Companies Law

Seeking restraint on Respondents and their agents/officers from taking any coercive steps including investigation under Section 212 of the Companies Act, 2013 - HELD THAT - This Court, having considered the submissions of the learned counsel appearing for the respective parties is of the considered view that as on today, the cause in the writ petition does not survive as the respondents have already passed order dated 27.02.2020 under Section 212 of the Act. However, if the petitioner is aggrieved, he is at liberty to challenge the same, in accordance with law. Petition disposed off.

Summary

Issues:
- Relief sought in the writ petition under Sections 206 to 208 of the Companies Act, 2013
- Passing of order by respondents under Section 212 of the Companies Act, 2013
- Dispute regarding the survival of cause in the writ petition

Analysis:
The writ petition was filed seeking relief in the form of a writ of mandamus or any other appropriate writ, order, or direction restraining the Respondents from taking coercive steps, including investigation under Section 212 of the Companies Act, 2013, without following the procedures under Sections 206 to 208 of the Act. The petitioner's counsel argued for this relief before the Court.

During the hearing, the Assistant Solicitor General of India representing the respondents informed the Court that the respondents had already passed an order on 27.02.2020 under Section 212 of the Companies Act, 2013. It was mentioned that if the petitioner was aggrieved by this order, they could challenge it through appropriate legal channels. The petitioner's senior counsel did not contest this submission made by the respondents.

After considering the submissions from both parties, the Court concluded that the cause in the writ petition was no longer valid as the respondents had already issued an order on 27.02.2020 under Section 212 of the Companies Act, 2013. The Court clarified that if the petitioner remained aggrieved by this order, they were free to challenge it in accordance with the law. Consequently, the Court disposed of the writ petition with the observation that no costs were to be awarded. Any pending miscellaneous petitions were also directed to be closed as a result of this judgment.