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2012 Supreme(Del) 1152

MANMOHAN
Rohan Mehta – Appellant
Versus
V. K. Sharma – Respondent


Advocates Appeared:
For the Petitioner:Ms. Latika Choudhry, Adv. with Ms. Urvashi Malhotra, Advocate.
For the Respondents:Rajiv Bahl, & Manish Bishnoi, Adv. for Official Liquidator Shailendra Singh, Vijay Kumar Sharma, ex-Director, R13, R17 & R18 -Abhinav Tandon, with Sachin Mioddha & Rishab Maheshwari, R16 -Nitin Sharma, N.K. Bhola, Additional Director, SFIO with K.S. Nagar & P.K. Khanna, Assistant Directors of SFIO. Ms. Swati Setia, with Srinjoy Banerjee, for RBI . R12 -J.S. Bakshi, with A.S. Bakshi, R21 -D.K. Kapur, Praveen Kumar Saini, Advocates.

Judgment :

MANMOHAN, J.

1. On 05th June, 1998, this Court while issuing notice in the winding up petition at the instance of the Reserve Bank of India had appointed a Provisional Liquidator in respect of M/s. JVG Finance CCP(Co.) 17/2007& Co. Appl.867/2011 in Co. Pet. 265/1998 Page 3 of 23 Limited, M/s. JVG Leasing Limited and M/s. JVG Securities Limited. Later on, a Provisional Liquidator was appointed on 08th March, 2001 with respect to M/s. JVG Departmental Stores Limited.

2. On a report submitted by the Registrar of Companies, Delhi and Haryana, New Delhi, under Section 234 of the Companies Act, 1956 (for short „Act?), the Central Government, Ministry of Corporate Affairs had ordered an investigation into the affairs of JVG Finance Limited under Section 235 of the Act by order dated 30th July, 2007. The investigation had been ordered by the Central Government in order to facilitate filing of misfeasance application against the exmanagement under Section 542/543 of the Act by the Official Liquidator, if necessary.

3. On 11th February, 2010, the Serious Fraud Investigation Office (for short „SFIO?) submitted its report to the Ministry of Corporate Affairs. In pursuance to the said










































































































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