Investigation into affairs of Company by Serious Fraud ...

SFIO Probe Freezes Assets of 157 Companies; Disgorgement u/s 212(14A) Highlights Retrospective Penal Provisions.

September 15, 2021

Case Laws Companies Law HC

Investigation into affairs of Company by Serious Fraud Investigation Office - freezing and disgorgement of assets of 157 companies - retrospective effect of penal provisions - Power of Central Government to file application before NCLT u/s 212(14) - Disgorgement occurring in Section 212 (14A) cannot be read in blissful isolation whereas, the length and breadth of the Act, chapter and verse bespeaks of such properties/ shares/ debentures, to be frozen/ liquidated/disposal/ sold for utilization in furtherance of public interest by way of sale, recovery of undue gains to alleviate the wrong done to persons/ financial institutions - the contention that no charges have been framed as yet does not hold a ground since filing of company petition under Section 241(2) is not dependent on filing of the chargesheet in the complaint. - HC

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Investigation into affairs of Company by Serious Fraud ...

SFIO Probe Freezes Assets of 157 Companies; Disgorgement u/s 212(14A) Highlights Retrospective Penal Provisions.

September 15, 2021

Case Laws Companies Law HC

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