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TMI Blog2022 (5) TMI 1631X X X X Extracts X X X X X X X X Extracts X X X X ..... y High Court held ' We are in complete agreement with Mr.Godbole that this is an investigation directed at the instance of the rival groups and though Mr.Agarwal tries to persuade us into holding that the Central Government has not been influenced by or is never interested in family matters or disputes, we find that to be essential basis on which the whole action is initiated. It being so initiated at the threshold itself it is vitiated. The law does not permit entering into all such controversies as are essentially factual and existing between groups or shareholders of a private company locked in litigation and which litigation has not reached finality.' Notice issued - List on 28.09.2022. - HON'BLE MR. JUSTICE YOGESH KHANNA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e forged. The final report reveals the ledgers used by Raffles Group with complaint dated 16.05.2019 filed by Mr.Chew Han Wei, Vice President of Raffles Education Corporation Limited are false, forged and not genuine as not prepared by Learning Leadership Foundation. 5. The learned senior counsel for the petitioners then referred to an order dated 03.03.2020 passed in Vinod Kumar Dandona vs Reserve Bank of India Others W.P.(C) No.2424/2020 regarding the investigation conducted by the SFIO into the affairs of ESL and para No.8 of said order notes In the meanwhile, no further measures will be taken pursuant to the petitioner being declared a fraud. 6. Reference is also made to the order dated 10.06.2020 passed in Vinod Kumar Dandona vs CBI Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the petitioner, rejoinder if any within two weeks thereafter. Notice be also issued to respondent No. 2 by all permissible modes on the steps being taken by the petitioner, returnable on 30.07.2020 before the Roster Bench. 7. Further, per order dated 09.07.2020 passed in Sh.Jagdish Prakash vs CBI Others in W.P.(Crl) No.1007/2020 this Court noted:- 16. Since the learned SPP for the CBI is not present today the Investigating Officer on his behalf submits they intend to file a reply. Be filed within two weeks from today with an advance copy to the learned counsel for the petitioner. 17. List on 30.07.2020 and till then the order dated 10.06.2020 passed in W.P.CRL.645/2020 shall be applicable in the present two matters also. 8. The learned se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 13th January, 2016. We have already held that the findings in this report are not enough for the Central Government to exercise the drastic power. Something more was required and to be established as circumstances or material enough for exercise of the power. That is clearly lacking in this case. 49. This is the only basis, namely, the report of the Registrar of Companies, West Bengal, or its contents which has enabled the Central Government to exercise its powers under section 212(1)(c). It is, therefore, apparent that it has not necessarily acted in terms of its power conferred by section 212 to direct investigation into the affairs of the company in public interest. The foundation for reaching the opinion or satisfaction is the report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only on the complaint of the Member of Parliament to the CVC and with regard to which report was called for from the Registrar. Even the contents of that report have been, as held above, misread and totally misinterpreted. Based on that no opinion could have been recorded that it is necessary to investigate the affairs of the company in public interest. 50. xxx 51. We are in complete agreement with Mr.Godbole that this is an investigation directed at the instance of the rival groups and though Mr.Agarwal tries to persuade us into holding that the Central Government has not been influenced by or is never interested in family matters or disputes, we find that to be essential basis on which the whole action is initiated. It being so initiated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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