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        Case ID :
        Companies Law

        The Madhya Pradesh High Court examined the scope of judicial...

        Court Rules SFIO Probe Under Companies Act Invalid for Transactions Covered by IBC; Cites Double Jeopardy Concerns.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The Madhya Pradesh High Court examined the scope of judicial review u/s 212(1)(c) of the Companies Act, 2013 regarding the Central Government's sanction for an investigation by the SFIO. The court held that SFIO investigation on transactions already addressed u/s 66 of the IBC would amount to double jeopardy. It emphasized the necessity of public interest for such investigations and found no such element in this case. The court noted that the company's functions were halted due to CIRP and pending liquidation, indicating no public interest or prima facie case for the investigation. The court ruled the sanction as arbitrary, illegal, and lacking a reasoned order, thus setting it aside and quashing any actions taken based on it.
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