SFIO Vs Rahul Modi (Supreme Court of India)
1. Leave granted.
2. These Appeals challenge the correctness of the common interim order dated 20.12.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Crl.) Nos.3842 and 3843 of 2018.
3. In exercise of powers conferred by Section 212(1)(c) of the Companies Act, 2013 (“2013 Act”, for short) and under Section 43(2) and (3)(c)(i) of the Limited Liability Partnership Act, 2008 (“2008 Act”, for short), the Central Government vide order No.07/115/2018/CL-II (NWR), directed investigation into the affairs of Adarsh Group of Companies and LLPs (‘The Group’, for short) by Officers of Serious Fraud Investigation (SFIO) as nominated by Director, SFIO. The relevant part of the Order dated 20.06.2018 was as under:-
“Whereas the Central Government is empowered under Section 212(1)(c) of the Companies Act, 2013 (the Act) to order investigation into the affairs of a company in public interest by the Serious Fraud Investigation Office (SFIO).
2. And whereas the Central Government is also empowered to order investigation into the affairs Limited Liability Partnerships (LLPs) under Section 43 (2) & (3) (c) (i) of the Limited Liability Partnership Act, 2008.
3. AND whereas on the basis of opinion formed by the Central Government, it has been decided to investigate the affairs of following companies:-
