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Companies Law - Highlights / Catch Notes

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The petition filed u/s 213(b) of the Companies Act, 2013 alleged ...


Petition dismissed for lack of evidence to probe companies for alleged fraud.

September 30, 2024

Case Laws     Companies Law     Tri

The petition filed u/s 213(b) of the Companies Act, 2013 alleged that the business of the respondent companies was being conducted with intent to defraud creditors, members, or others, or for fraudulent or unlawful purposes, or oppressively. However, the averments were not supported by material documents to substantiate such allegations. The documents filed failed to corroborate the allegations of fraudulent or unlawful conduct by the respondent company. The petitioner failed to make a prima facie case u/s 213(b). Consequently, the tribunal dismissed the petition in limine for lack of sufficient evidence to warrant appointing an inspector to investigate the respondent companies' affairs.

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