TaxTMI 
TaxTMI 
2026 (9) TMI 1291
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.... Mitra, Sr. Adv., Mr. Soumya Majumder, Sr. Adv., Mr. Puspal Chakraborty, Adv., Ms. Sanjukta Dutta, Adv., Mr. Aman Agarwal, Adv., Ms. Priyanka Ganguly, Adv.,...(In APO/57/2026) Mr. Biswaroop Bhattacharya, Adv., Mr. Arik Banerjee, Adv., Mr. Vishwarup Acharyya, Adv., Ms. Anusmita Bhattacharya, Adv....(In APO/58/2026). For the Respondent No. 1: Mr. Jishnu Saha, Sr. Adv., Mr. Sakya Sen, Sr. Adv., Mr. Rishav Banerjee, Adv., Mr. Ishan Saha, Adv., Mr. Shiv Ratan Kakrania, Adv., Mr. Tanuj Kakrania, Adv., Ms. Kiran Sharma, Adv., Ms. Shreya Goenka, Adv., Ms. Surabhi Mehta, Adv., Ms. Shadna Manzar, Adv. For the Respondent No. 7: Mr. Jishnu Chowdhury, Sr. Adv., Mr. Vikram Wadhera, Adv., Mr. Yubaraj Bhattacharyya, Adv. For the S.F.I.O : Ms. Apar....
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....eaning of the Act of 2013; (iv) The ex-parte ad interim order passed on June 16, 2026 did not meet the three mandatory conditions for grant of an ex-parte order of injunction; (v) The order directing investigation by SFIO was without any pleading or prayer to such effect; (vi) There is no allegation in the plaint or in the injunction petition that, there was any defalcation made at the behest of the employer that is, the plaintiff company; (vii) Plaintiff is guilty of suppression of material fact, namely, filing of a police complaint dated June 8, 2026 or at least, the factum of filing of the police complaint dated June 8, 2026 not being brought to the notice of the Court passing the order dated June 16, ....
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.... 10. Plaintiff as an existing company within the meaning of the Act of 2013 faced Corporate Insolvency Resolution Process (CIRP). In such process, initially, a Resolution Professional was appointed. Thereafter, in such Corporate Insolvency Resolution Process, a Resolution Plan was approved and the present management of the plaintiff came into being. 11. Court is informed that, there are proceedings pending with regard to the assumption of management of the plaintiff company by the present management. We are not concerned about the same here presently. 12. Allegations in the plaint relate to alleged defalcations with regard to the funds of an Exempted Employees Provident Fund Trust. Such allegations require consideration. Issue as to....
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....g applications while keeping the injunction alive and allowing the parties to file affidavits therein. 16. In such circumstances, we modify the impugned judgment and order by staying the direction with regard to the investigation by the SFIO. In the event of contested hearing of the injunction petition, learned Trial Judge is pleased to direct the investigation by the SFIO, in such an eventuality, SFIO will not undertake the investigation for a period of 15 days from such judgment and order. 17. It would be appropriate to keep all points of the respective parties open to be decided finally by the learned Trial Judge in the injunction petition. We are issuing the directions as contained herein as the defendants would stand prejudiced w....