TMI Blog2023 (5) TMI 1164X X X X Extracts X X X X X X X X Extracts X X X X ..... :- The learned SPP for the CBI has now taken a plea per proviso to sub- Section 5 Section 128 of the Companies Act they have the power to ask the petitioner to provide the books of account prior to the period mentioned in sub-section. However, a bare perusal of the proviso would show it requires a direction by the Central Government to the company to keep the books of account for a longer period a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Inspector Kshitij Sharma in person. ORDER 1. This order be read in continuation of earlier order dated 31.01.2023, which is self explanatory. 2. The learned counsel for petitioner submits they have no records of books of account pertaining to the financial years 2010-11 and 2011-12 and even per Section 128(5) of the Companies Act they are not obliged to keep the books of accounts b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel for petitioner submits the documents which the respondent is asking do fall within Section 2(13) of the Companies Act viz vouchers and receipts etc., per sub-clause (i) and (ii) of Section 2(13). Further he argues, per Standard Chartered Bank vs Directorate of Enforcement MANU/DE/3676/2010 and Union Of India and Anr vs Citi Bank, N.A. Civil Appeal No. 9337/2010 decided on 24.08.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount beyond the period of eight years viz. for the financial year 2010-11 and 2011-12. The respondent is at liberty to take further action in accordance with law, since the investigation is still going on. The petitioner shall continue to cooperate in the investigation. 7. The petition stands disposed of in above terms. Pending application, if any, also stands disposed of. Order dasti. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
