Supervised access to company records may be ordered to implement a consent order and secure compliance.

A consent order governing company affairs may be implemented through supervised directions requiring cooperation, production of specified company records, and inspection under an Advocate Commissioner where effective access and orderly compliance are needed. The Tribunal balanced the applicant's right to inspect relevant records against confidentiality and management concerns by providing supervised access rather than unrestricted production. It also addressed the dispute over availability of tally backup data by framing operative directions to secure access to relevant records under supervision. The application was thus disposed of by implementational directions, with the Commissioner's fees to be shared.

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Issues: Whether directions could be issued for cooperation by the parties, production of relevant company records for inspection, and supervision of compliance through an Advocate Commissioner.

Analysis: The Tribunal treated the earlier consent order as binding and proceeded on the premise that its directions required effective implementation in the interests of the company. Instead of entering into the competing allegations of breach and compliance, it focused on securing access to the relevant records and ensuring orderly implementation. It also noted the need to balance the applicant's access with the confidentiality and management of the company's records by directing supervised inspection through an Advocate Commissioner. Section 128(3) was relied upon in the dispute concerning availability of tally backup data, but the Tribunal's operative directions were framed to secure access to the relevant records under supervision.

Conclusion: The requested relief was substantially granted by directing cooperation, production of specified records, and supervision by an Advocate Commissioner, with fees to be shared.

Final Conclusion: The application was disposed of by issuing implementational directions to facilitate access to company records and ensure compliance with the earlier consent order.

Ratio Decidendi: Where a consent order governing company affairs requires implementation, the Tribunal may issue supervised directions for cooperation and access to records through an Advocate Commissioner to secure effective compliance in the interests of the company.

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