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2022 (5) TMI 992 - Tri - Insolvency and BankruptcySeeking to give directions to appropriate authorities to investigate into the affairs of the corporate debtor - Section 210(2) and 213(b) of the Companies Act, 2013 - HELD THAT:- As per the scheme of 213(b) of the Companies Act, 2013, there are three instances in which this Tribunal can refer the matter to Central Government for investigation into the matter of affairs of the company. The instances on the basis of which the applicant wants this Tribunal to refer the matter for investigation, are carefully perused. The applicant has failed to prove that prima-facie the business of the corporate debtor is being conducted with an intent to defraud its creditors, members or any other person or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive to any of its members or that the company was formed for any fraudulent or unlawful purpose. Furthermore, there is no evidence placed before this Tribunal to show prima-facie that the persons concerned in the formation of the company or the management of its affairs have in connection therewith been guilty of fraud, misfeasance or other misconduct towards the company or towards any of its members. Moreover, there is no single evidence placed before this Tribunal to show that the members of the company have not been given all the information with respect to its affairs which they might reasonably expect, including information relating to the calculation of the commission payable to a managing or other director, or the manager, of the company. The contention of the applicant that this Tribunal has directed to file an appropriate application cannot survive as the application should stand on its own feet and application should be accompanied by prima-facie evidence, which is not the case in the present application. Hence, this Tribunal is not inclined to allow the present application. Application dismissed.
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