Max Publicity & Communication Pvt Ltd Vs Enviro Home Solutions Pvt Ltd (NCLAT Delhi)
NCLAT Delhi held that NCLT could exercise its inherent power under rule 11 and forward copy of the order, to relevant statutory authority, for doing needful. Accordingly, the appeal is disposed of.
Facts- An application u/s. 9 was filed by the Respondent-‘Enviro Home Solutions Private Limited’ claiming debt and default by the Appellant who was arrayed as Respondent in the Company Petition. The Adjudicating Authority by the impugned order although rejected the Section 9 application filed by the Respondent herein, however, while rejecting Section 9 application issued direction to forward the copy of the order to the Central Government through Ministry of Corporate Affairs and various other Central Authorities. Appellant aggrieved by the observations and certain directions contained in the impugned order has come up in this Appeal.
Conclusion- Held that NCLT could exercise its inherent power under Rule 11 where extraordinary circumstances warranting such power to be exercised even if a procedure is prescribed to achieve the end.
NCLT can also exercise inherent jurisdiction under Rule 11 in a case where NCLT is of the view that copy of the order need to be forwarded to the relevant statutory authorities, it can forward the copy for doing needful. The direction under Section 212 to carry out any investigation of company’s affairs by SFIO can be made only in accordance with the statutory provisions of Section 212 and Adjudicating Authority while exercising jurisdiction under the Companies Act 2013 cannot issue any direction to SFIO for carrying out investigation.
