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2021 Supreme(Del) 2314

ANU MALHOTRA
Prabhat Kumar Srivastava – Appellant
Versus
Serious Fraud Investigation Office – Respondent


Advocates appeared:
Rakesh Khanna, Advocate, Alok Kumar, Advocate, Harsh Sethi, Advocate, Sarvapriya Makkar, Advocate, Himanshu Bhandari, Advocate, Naman Joshi, Advocate, Abhishek Pruthi, Advocate, Chetan Sharma, Advocate, Ajay Digpaul, Advocate, Amit Gupta, Advocate, Vinay Yadav, Advocate, Akshay Gadeock, Advocate, Sahaj Garg, Advocate, R. Venkat Prabhat, Advocate, Kamal R Digpaul, Advocate, Upamanyu Sharma, Advocate

JUDGMENT

Anu Malhotra, J. - The applicant, vide the present application seeks the grant of regular bail in complaint No.149/2020 pending before the learned Special Judge, Companies Act, Dwarka District Courts in the complaint titled as "Serious Fraud Investigation Officer (SFIO) Vs. Rockland Hospitals Ltd. & Ors." in which the applicant vide order dated 29.02.2020 of the learned Trial Court has been summoned for the alleged commission of offences punishable under Sections 36(c), 128, 129, 134, 188(5), 447, 448 of the Companies Act, 2013 and Section 211, 217, 628 of the Companies Act, 1956.

2. As per the observations in the order on summoning dated 29.02.2020 of the learned Special Judge, Companies Act, the Central Government under powers conferred under Section 206 (4) directed the conducting of an inquiry vide order dated 20.11.2017 which culminated into submission of an inquiry report dated 19.02.2018 under Section 208 of the Companies Act to the Central Government as a consequence of which the Ministry of Corporate Affairs, Government of India in terms of the exercise of power under Section 212(1)(a), (b) & (c) of the Companies Act, 2013 assigned the investigation into the affairs

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