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2019 (12) TMI 1428 - Tri - Companies LawSeeking appointment of Chartered Accountant to look into the Books of Account of the Respondent No.1 Company - Illegal transfer of shares or not - utilisation of others money for the allotment of shares or not - siphoning of funds - HELD THAT:- It appears from record that according to the Investigating Officer (Police Chief, Idukki, State of Kerala), the alleged offences of Respondents 2 and 3 are punishable under section 120(B), 406, 420, 465, 467, 468, 471, 34 IPC. The same issues are involved in this Company Petition / Interlocutory Application also. It is relevant to note that the Hon’ble High Court of Kerala dismissed the appeal and the Hon’ble Supreme Court has also dismissed the SLP filed by the Respondent No.2 with regard to the Criminal Investigation Proceedings initiated against him. The issue raised by the applicant in the Interlocutory Application to appoint a Chartered Accountant to look into the Books of Account of the Respondent No.1 Company, is adhered with - Both the parties are directed to suggest the name of a Chartered Accountant within 2 days of this Order to enable this Bench to appoint him to look into the books of account of the 1st Respondent company and direct him to report whether the 1st respondent Company received money in respect of all the allotment of shares, both equity and preference, from its members especially, the 2nd and 3rd respondents or the 2nd and 3rd respondents utilized someone else money for the allotment of shares to them. List the matter on 13.12.2019 for further orders.
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