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        Case ID :
        Companies Law

        The HC quashed the Central Government's order directing SFIO to...

        Quashed government order directing SFIO probe under section 212(1)(c) for lack of material and non-application of mind

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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 HC quashed the Central Government's order directing SFIO to investigate the anonymized company and its subsidiaries, joint ventures and associates under section 212(1)(c) of the Companies Act, 2013, and set aside all consequential proceedings. The Court held the impugned order suffered from non-application of mind, contained apparent misstatements and lacked demonstrable circumstances necessary to form the statutory opinion; it also noted the Government's failure to undertake an inspection despite a prior inquiry under section 206(4)/(5). Given the absence of requisite material and failure to consider relevant circumstances, the petition was allowed and the order dated 05.09.2024 was quashed.
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