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2016 Supreme(Bom) 1318

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Parmeshwar Das Agarwal – Appellant
Versus
Additional Director (Investigation) Serious Fraud Investigation Office, Ministry of Corporate Affairs – Respondent


Advocates Appeared:
For the Petitioners: Mr. Girish Godbole with Dr. Abhinav Chandrachud, Ms. Monisha Mane-Bhangale, M/s. ALMT Legal.
For the Respondents: Mr. Rajneesh Agarwal with Ms. Shalaka Gujar-Karande.

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioners seek the following relief:

"A. This Hon'ble Court be pleased to issue a writ of Certiorari under Article 226 of the Constitution of India or any other writ/order/direction in the nature of Certiorari calling for the records and proceedings in respect of the proceedings related to the investigation ordered by the Respondent and after going through the same, to quash and set aside the Order dated 6th May, 2016 passed by the Respondent No. 2.”

2. Since the petitioners as also the respondents counsel have been heard at great length, on conclusion of arguments, we dispose of this writ petition finally by the present judgment and order.

3. Rule. Respondents waive service. By consent, heard forthwith.

4. It is necessary to set out certain facts in order to appreciate the challenge raised in this writ petition. The petitioner Nos. 1 to 6 and 9 are shareholders of petitioner No. 8, namely, Singhal Enterprises Private Limited (for short “the company”). That company is a Kolkata based company. The version of the petitioners is that they hold altogether 1849200 equity shares in

































































































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