Law: Companies Ordinance, 1984

Section: 265

(a) Companies Ordinance (XLVII of 1984)--Ss. 265 & 9---Application for appointment of Inspector for investigation of company's affairs---Procedure---Court has only to satisfy itself, prima facie, on the basis of the material placed before it, that case for investigation through an Inspector is called for---Inspector has to ascertain and determine the truth or otherwise of the allegation during the investigation to be conducted by him whereafter he has to submit the report to the concerned authority---Matter in fact vests in the discretion of the Court, to be decided after following the summary procedure as laid down in S. 9, Companies Ordinance, 1984. In proceedings under section 265 of the Companies Ordinance, 1984, full-fledged inquiry in the form of a trial, is not required to be held nor any formal evidence is, to be recorded before passing the order wader section 265 of the Ordinance, The court has to only satisfy itself prima facie, of course, on the basis of the material placed before it, that a case for investigation through an Inspector is called for and it is for the Inspector to ascertain and determine the truth vi otherwise of the allegations during the investigation 'to be conducted by him where after he has to submit report to the concerned authority. The matter in fact rests in the discretion of the Court, to be decided after following the summary procedure as laid down in section 9 of the Ordinance. Rohtas Industries Ltd. v. S.D. Agarwal and another AIR 1969 SC 707; Patrakola Tea Co. Ltd. AIR 1967 Cal. 406; Saw Mills and Industries Ltd.'s case AIR 1962 Ker. 148; Clive Mills Co. Ltd. 1'964 Comp. Cas. 731 (Calcutta); Suresh Kumar Saner v, Supreme Motors Ltd. and others 1983 Comp. Cas. 235 (Delhi); Rees and others v. Crane 1994 SCMR 1682; Shanti Prasad Jain v. ga Tubes Ltd, AIR 1965 SC 1535; Rajahmundry Electric Supply Corporation Ltd, v. A. Nageshwara Rao and others AIR 1956 SC 213; Muhammad Free and 3 others v. RikreDevelopment Corporation Ltd. and 8 others 1992 MLD 668; Shahbud Din !haute and 27 others v. M/s. Services industries Textiles Ltd. and 4 others PLD 1988 Lah. 1; Needle Industries (India) Ltd. and others v. Needle Industries Newey…

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