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Companies Law - Highlights / Catch Notes

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Complaint against fraudulent and illegal siphoning of funds- ...


Court Confirms SFIO's Exclusive Right to Probe Under Companies Act 2013; EOW Can't Investigate These Offences.

September 25, 2023

Case Laws     Companies Law     HC

Complaint against fraudulent and illegal siphoning of funds- Validity of second complaint / FIR on the same issue which was already pending - There is no doubt about the fact that the SFIO proceedings can proceed with respect to the offences under the 2013 Act and also under the IPC. In fact, it is not the other way around as the EOW cannot take over the investigation qua the offence(s) under the 2013 Act which is the specific domain of the SFIO, is a matter of fact which needs not be gone into by this Court as the same is not involved herein. - HC

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