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    <title>Appeal allowed; SFIO activation on RP representation valid and s.447 probe lawful; bank may issue Look Out Circular</title>
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    <description>The HC allowed the appeal and set aside the impugned order dated 5 Sept 2024. It held that the Central Government validly activated SFIO pursuant to a representation by the resolution professional appointed by the NCLT, and that on 2 Aug 2021 Respondent Nos. 1-2 were legitimately subject to SFIO criminal investigation under s.447 of the Companies Act, 2013, satisfying clause 6(h) of the memorandum. The HC further held that a bank need not await declaration of an account as &quot;fraud&quot; under the Master Directions on Frauds before issuing a Look Out Circular; a bank may issue an LOC to preserve criminal prosecution, and there were no grounds to restrain Bank of Baroda.</description>
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    <pubDate>Thu, 28 Aug 2025 08:32:48 +0530</pubDate>
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      <title>Appeal allowed; SFIO activation on RP representation valid and s.447 probe lawful; bank may issue Look Out Circular</title>
      <link>https://www.taxtmi.com/highlights?id=91984</link>
      <description>The HC allowed the appeal and set aside the impugned order dated 5 Sept 2024. It held that the Central Government validly activated SFIO pursuant to a representation by the resolution professional appointed by the NCLT, and that on 2 Aug 2021 Respondent Nos. 1-2 were legitimately subject to SFIO criminal investigation under s.447 of the Companies Act, 2013, satisfying clause 6(h) of the memorandum. The HC further held that a bank need not await declaration of an account as &quot;fraud&quot; under the Master Directions on Frauds before issuing a Look Out Circular; a bank may issue an LOC to preserve criminal prosecution, and there were no grounds to restrain Bank of Baroda.</description>
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      <pubDate>Thu, 28 Aug 2025 08:32:48 +0530</pubDate>
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