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2021 (4) TMI 994 - Tri - Companies LawMaintainability of application - Direction to investigate the issue of fake four (4) no. of TDRs - seeking refund of money along with interest - HELD THAT:- While the Respondent has denied receiving any instruction with respect to opening TDR accounts, it has not been denied that no such cheque had been issued to the Bank. We are, however, not convinced as to how a cheque issued in the name of "Allahabad Bank" can be deposited in the account of a third party - Prima facie, there seems to be an element of fraud in this case. An investigation with respect to the said purported fraud is already underway. This is clear from the letter of Assistant Commission of Police (I), Economic Offence Wing, Detective Department; Kolkata Police dated 05.02.2021, addressed to the Applicant herein that apprises the Applicant of the progress made in the FIR filed by the Applicant. Since, the investigation is already under progress and has reached the advanced stage where arrests have also been made; it would not be appropriate to issue direction upon the CBI to investigate the matter - This Tribunal can exercise its powers only as envisaged under the Companies Act, 2013. The said Act does not confer the power upon this Tribunal to direct the CBI to investigate a case. This Tribunal, therefore, cannot direct the CBI to investigate the case. The present application has been filed under section 290(n) of the Companies Act, 2013. That section empowers the company liquidator to apply to the Tribunal for such orders or directions as may be necessary for the winding up of the Company. The present application is not for winding up of the company and therefore, is also not maintainable under section 290(n) of the Companies Act, 2013. Direction upon the Respondent to refund the money - HELD THAT:- We are not inclined towards granting the same since the same is the subject matter of the aforementioned investigation. The present application is not maintainable on any ground - Application dismissed as not maintainable.
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