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Substantial compliance with Order XXXIX Rule 3 CPC was found...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued.
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Substantial compliance with Order XXXIX Rule 3 CPC was found where defendants received the injunction application and plaint, relevant annexures were available, and service occurred before the returnable date, enabling an effective response; the interim injunction therefore continued. The exempted establishment had a prima facie civil claim over alleged provident fund trust defalcation, and statutory provident fund inquiry powers did not exclude civil court jurisdiction. Non-disclosure of a contemplated complaint and later FIR was not material suppression because it would not have affected interim relief; parallel civil and criminal proceedings could continue. The High Court could direct an SFIO investigation where the alleged diversion concerned company affairs, multiple units, and social-security funds.
Substantial compliance with Order XXXIX Rule 3 CPC was found where defendants received the injunction application and plaint, relevant annexures were available, and service occurred before the returnable date, enabling an effective response; the interim injunction therefore continued. The exempted establishment had a prima facie civil claim over alleged provident fund trust defalcation, and statutory provident fund inquiry powers did not exclude civil court jurisdiction. Non-disclosure of a contemplated complaint and later FIR was not material suppression because it would not have affected interim relief; parallel civil and criminal proceedings could continue. The High Court could direct an SFIO investigation where the alleged diversion concerned company affairs, multiple units, and social-security funds.
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