Delhi HC: Where the case has been admitted in NCLT, all the contentions including power to initiate such proceeding should be raised before and concluded by NCLT only

Last updated: 28 September 2021

Court :
Delhi High Court

Brief :
In Shriraj Investment and Finance Ltd. & Ors. and Casper Consumer Electronics Pvt. Ltd. v. Union of India & Anr. [W.P.(CRL) 1823/2020, & W.P.(CRL) 1414/2021 dated September 14, 2021], Shriraj Investment Pvt. Ltd. ("the Petitioner No. 1") and Casper Consumer Electronics Pvt. Ltd. ("the Petitioner No. 2") filed two Petitions, on the similar lines, impugning the Letter dated June 29, 2016 and the Corrigendum issued on November 29, 2019 ("Impugned letters") by the Union of India ("the Respondent No. 1") ordering the filing of complaints against the Petitioner No. 1 & 2 for the offences under the Companies Act, 2013 and further, the Respondent No. 1 issued directions to initiate proceedings under Section 241, 242 and 246 read with Section 339 of the Companies Act, 2013 ("the Companies Act") before the National Company Law Tribunal ("the NCLT").

Citation :
W.P.(CRL) 1823/2020, & W.P.(CRL) 1414/2021 dated September 14, 2021