Delhi High Court on 20.12.2018, in COASTAL PROJECTS LIMITED& ANR. v IFCI LIMITED & ANR., disposed of the LPA’S while upholding that an order given to Serious Fraud Investigation Office for investigation falls within the exercise of the contempt jurisdiction by the Judge .
FACTS:
The appellant no. 1 being a Company and respondent no. 1 had entered into an agreement where issuing of Compulsory Convertible Debentures were agreed upon through private placement for cash .At the same time , the promoters and the respondent No.1 too had entered into two other agreements. According to the agreement terms, the sum had been disbursed to appellant no. 1 by respondent no .1. As a result of interest repayment default ,the respondent no.1 requested the promoters for purchasing the CCDs while paying hundred crores along with interest in a stipulated time of 15 days resulting in a dispute.
Being aggrieved, an arbitration clause was invoked by respondent no. 1 thereby appointing an Arbitrator, and while filing a petition as well, wherein by an order of the Court, the appellants were refrained from selling the promoters properties. While the petition was pending, a letter was issued by the respondent to the appellant no.1 as well as to several banks and financial institutions which conveyed the decision in declaring the company as a ‘wilful defaulter’.
A writ petition was filed against respondent no.1 for quashing the abovementioned letters that was eventually disposed of followed by a promise of paying hundred crores was made by the appellant through installments .However, upon the failure to abide by the terms of settlement and paying of installment, an application to modify the order was made which requested in rescheduling the third installment , however ,despite that the appellants failed in complying with the orders and also in terms of the payment resulting in the filing of contempt petition by the respondent wherein the appellant company was held guilty of civil contempt that was subsequently contested by the appellants through a recall application. An order was given to make enquiry into the monetary affairs of the appellants.
DECISION HELD BY THE DELHI HIGH COURT:
The Delhi High Court disposed of the LPA’s by upholding that the order that had been passed were within Court’s power as well as the direction given for investigating by SFIO , although certain modifications were needed in the sections of the Companies Act, 2013, that should be communicated to the Central Government which after examining ,may give directions for the investigation while communicating such decision to the Court.
Read Judgment here:
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