Corporate Governance Boundaries: Adjudicating Authority Limited in Directing Investigations Without Fair Hearing Process

NCLAT dismissed the appeal addressing jurisdictional issues in insolvency proceedings. The tribunal clarified that the Adjudicating Authority cannot unilaterally direct investigations against parties without providing reasonable opportunity of hearing. While exercising powers under Section 9 and Section 213 of Companies Act, 2013, the authority can forward case documents to relevant statutory authorities but cannot independently mandate forensic audits or investigations. The tribunal emphasized adherence to statutory schemes and procedural safeguards when considering potential corporate misconduct, ultimately disposing of the appeal without substantive intervention in the underlying dispute. .....

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