Union of India Through Serious Fraud Investigation Office Vs MPS Greenery Developers Limited (NCLT Kolkata)
The National Company Law Tribunal (NCLT), Kolkata dismissed an interlocutory application seeking dismissal of a winding-up petition filed by the Union of India through the Serious Fraud Investigation Office (SFIO) under Sections 271 and 272 of the Companies Act, 2013. The applicant company had sought dismissal of the main company petition, a stay of further proceedings, and contended that the petition was not maintainable, alleging that no authority letter from the Central Government had been annexed, that the petition was barred by limitation, and that the SFIO lacked the power to initiate winding-up proceedings under the Companies Act.
The Union of India, through the SFIO, opposed the application and submitted that the authority letter issued by the Central Government had been annexed with the company petition. It further stated that, by an authority letter dated 18.05.2022, the Central Government had authorised the Senior Assistant Director, SFIO, to file the winding-up petition and related interlocutory applications. It was also submitted that the petition had been filed on 21.05.2022, and therefore was within the limitation period.
The Tribunal considered the issue of whether the Union of India through the SFIO could file a winding-up petition under Sections 271 and 272 of the Companies Act, 2013. It examined Section 224(2) of the Companies Act, which permits the Central Government, on the basis of an investigation report, to cause a winding-up petition to be presented before the Tribunal through any person authorised by the Central Government. The Tribunal also referred to Section 272(1)(e), which specifically provides that any person authorised by the Central Government may present a petition for the winding up of a company.
