Sanjay Somany And Ors. Vs Hindusthan National Glass And Industries Limited (HNGIL) And Ors. (Calcutta High Court)
Calcutta High Court Stays SFIO Probe Into Alleged Misuse Of HNGIL Exempted Employees’ Provident Fund Trust
Summary: The Calcutta High Court considered three appeals arising from a common judgment and order dated 3 August 2026 by which the learned Single Judge had extended an ex parte ad interim injunction dated 16 June 2026, dismissed two applications seeking vacation of that injunction, and invited affidavits in the pending injunction petition. APO/56/2026 was filed by defendant nos. 2, 3 and 4, APO/57/2026 by defendant nos. 5 to 8, and APO/58/2026 by defendant no. 1. The underlying suit was one for recovery of money, with the first two prayers seeking sums exceeding Rs.20 crores and Rs.35 lakhs respectively.
The plaintiff company had undergone a Corporate Insolvency Resolution Process and the allegations in the suit concerned alleged defalcations relating to the funds of an Exempted Employees Provident Fund Trust. The appellants raised several objections, including that the plaintiff company and the Provident Fund Trust were separate legal entities; that the Trust was not an entity under the Companies Act, 2013 capable of being investigated by the Serious Fraud Investigation Office (SFIO); that the requirements for an ex parte injunction had not been met; that SFIO investigation had been directed without a pleading or prayer to that effect; that material facts had allegedly been suppressed; and that Section 94 of the Code of Civil Procedure, 1908 had been incorrectly invoked.
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