LAWS(DLH)-2017-4-88

SUNAIR HOTELS LIMITED Vs. UNION OF INDIA

Decided On April 26, 2017
SUNAIR HOTELS LIMITED Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present writ petition instituted under Art. 226 of the Constitution of India, seeks to assail the order dated 29.02.2016 (hereinafter referred to as the 'impugned order'), rendered by the Ministry of Corporate Affairs, Union of India (hereinafter referred to as 'Respondent No.1'); whereby, they, whilst exercising power under the provisions of Sec. 212(1)(c) of the Companies Act, 2013 (hereinafter referred to as 'the 2013 Act') have ordered an investigation into the affairs of the Petitioner Company, in the public interest, to be carried out by the Serious Fraud Investigation Office (hereinafter referred to as 'SFIO').

(2.) The following reliefs have been sought by Sunair Hotels Limited (hereinafter referred to as 'Petitioner Company') by way of the present writ petition:

(3.) For the sake of felicity, the impugned order dated 29.02.2016 is reproduced herein below: " No.03/97/2009-CL II (NR) Government of India Ministry of Corporate Affairs <P ALIGN="RIGHT">5th Floor "A" Wing, Shastri Bhawan <P ALIGN="RIGHT">Dr. R.P. Road, New Delhi <P ALIGN="RIGHT">Dated: 29th Feb., 2016 ORDER