VIVEK HARIVYASI Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the instant petition, the petitioner seeks to challenge the power of respondent nos.2, 3 and 4 to carry out investigation in terms of Section 212(3) of Companies Act, after expiry of the time period as provided in Section 212(3) Companies Act, as also the alleged illegal arrest of petitioner on 10.12.2018 and all other proceedings emanating therefrom.

(2.) The brief and relevant facts necessary to adjudicate the present petition are that vide order dated 20.06.2018, respondent no. 1 ordered investigation into the affairs of Adarsh Group of Companies and LLPs by the Serious Fraud Investigation Office (hereinafter referred to as 'SFIO') in public interest and Director SFIO appointed a team of officers to carry out investigation.

(3.) The petitioner was called upon to join investigation along with Rahul Modi and Mukesh Modi and certain others. The order of the Central Government had given a period of three months to the SFIO to complete the investigation and submit their report. But the same could not be completed by SFIO within the said period of time.