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2022 (5) TMI 1631 - DELHI HIGH COURTInvestigation into the affairs of Educomp Solutions Limited (ESL) through Serious Fraud Investigation Office (SFIO)/respondent No.2 - seeking to set aside investigations as being passed in public interest though no public interest is involved in this case - impugned order not issued in public interest as per Section 212 (1) (c) of the Companies Act, 2013, rather it was passed on the basis of a complaint of the rival group - HELD THAT:- In Parmeshwar Das Aggarwal vs Additional Director [2016 (11) TMI 29 - BOMBAY HIGH COURT], the Bombay High Court held 'We are in complete agreement with Mr.Godbole that this is an investigation directed at the instance of the rival groups and though Mr.Agarwal tries to persuade us into holding that the Central Government has not been influenced by or is never interested in family matters or disputes, we find that to be essential basis on which the whole action is initiated. It being so initiated at the threshold itself it is vitiated. The law does not permit entering into all such controversies as are essentially factual and existing between groups or shareholders of a private company locked in litigation and which litigation has not reached finality.' Notice issued - List on 28.09.2022.
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