JUDGEMENT

(Hybrid Mode)

[Per: Justice Sharad Kumar Sharma;(Member Judicial)]

1. This is a Company Appeal preferred, by invoking the provisions contained under Section 421 of the Companies Act, 2013, challenging an order dated 29.09.2022 which has been passed under Section 213(b) of the Companies Act, 2013, by Ld NCLT, Bengaluru, directing thereof, the Central Government to conduct an investigation as against the Company/Appellant No.1 including its directors (Appellant No.2), as per the procedure prescribed under the aforesaid provision, after considering all the material documents, to be supplied by the petitioner to the proceedings, Respondent No. 1 herein and to take further necessary steps as per law, with regards to the investigation into the affairs of the said Company including its Directors, as expeditiously as possible.

2. The argument of the Learned Counsel for the Appellant as against the Impugned Order, dated 29.09.2022, as it was passed in CP No. 56/BBB/2021, is primarily on the ground that, the Impugned Order dated 29.09.2022, directing to conduct an investigation under Section 213(b) of the Companies Act, 2013, was an exparte order and that no notice was ever issued to t