THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.29284 of 2025

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue a writ of Certiorari, calling for the records relating to the impugned orders dated 27.06.2025 passed by respondent No.2, whereby penalties have been imposed on the petitioners under various provisions of the Companies Act, 2013 and relevant Rules.

2. Heard Mr.Praveen Kumar Challa, learned counsel for the petitioners and learned Standing Counsel for Central Government, for the respondents. Perused the record.

3. Learned counsel for the petitioners submits that the petitioners challenged the impugned orders dated 27.06.2025 passed by respondent No.2 imposing various penalties under the various provisions of the Companies Act, 2013 and relevant Rules. He submits that the impugned orders are arbitrary, illegal, and without jurisdiction, having been passed without affording a reasonable opportunity to the petitioners to present their case. He submits that the petitioners submitted detailed explanations 26.04.2022, were filed in response to the show-

cause notices dated 04.12.2021, but the same were not duly considered by the adjudicating authority before passing the impugned orders, thereby violating the principles of natural justice.

4. On the other hand, learned Standing Counsel for the Central Government submits that due procedure was followed and sufficient opportunity was granted to the petitioners before passing the impugned orders. They submit that the penalties were imposed to the petitioners strictly in accordance with the provisions of the Companies Act, 2013 and relevant Rules. However, the respondents have no objection if the matters are remanded back for reconsideration in accordance with law.

5. Upon hearing learned counsel for both sides and perusing the material on record, this Court is of the view that the petitioners’ grievance regarding non-consideration of their explanations dated 26.04.2022 requires re-examination. On perusal of the impugned orders, it appears that respondent No.2 passed the impugned orders without due consideration of the petitioners’ explanations. Therefore, the ends of justice would be met if the matters are remanded to the original authority for fresh consideration.

6. Accordingly, the Writ Petition is disposed of setting aside the impugned order dated 27.06.2025 and the matter is remanded to the original authority/respondent No.2, for fresh adjudication, by duly considering the explanations dated 26.04.2022 submitted by the petitioners in accordance with law. The said exercise shall be completed within a period of two (2) weeks from the date of receipt of a copy of this order. No costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________________ NAGESH BHEEMAPAKA, J Date: 29.10.2025 dgr