Voizzit Technology Pvt. Ltd Vs Director (Kerala High Court)
The Kerala High Court dismissed a writ appeal challenging the dismissal of a writ petition that had sought directions to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to investigate alleged malpractices by an Interim Resolution Professional and others, as well as to protect the interests of investors based on complaints submitted by the appellants. The Single Judge had dismissed the writ petition on the grounds that the appellants had earlier filed a Public Interest Litigation before a Division Bench, which they subsequently withdrew without seeking liberty to file a fresh petition. The Single Judge also noted that the appellants had already lodged a complaint before the Bengaluru Police, pursuant to which an FIR had been registered, and that the investigation had been stayed by the Karnataka High Court. The matter was also stated to be pending before the National Company Law Tribunal (NCLT), Bengaluru.
Before the Division Bench, the appellants contended that the complaints submitted to the CBI and the ED were distinct from the complaint lodged before the Bengaluru Police. They argued that the CBI and the ED could independently investigate the alleged irregularities in the corporate resolution process, including allegations that two companies belonging to the appellants had been sold despite having no connection with the loan transaction. They also asserted that the learned Single Judge erred in declining to direct an investigation into the alleged misconduct.
