Bombay High Court
Bilcare Limited And Anr. vs Union Of India And 2 Ors. on 8 September, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
LAXMI WRIT PETITION NO. 37 OF 2023
SUBHASH
SONTAKKE
Digitally signed
by LAXMI
Bilcare Limited & Anr. .. Petitioners
SUBHASH
SONTAKKE
Date: 2025.09.13
14:27:23 +0530
Versus
Union of India & Ors. .. Respondents
Mr. Vikram Nankani, Senior Advocate a/w Rubin Vakil, Ravi Gandhi,
M. A. Kamdar & R. Jain i/b Kanga & Co. for the Petitioners.
Mr. Ashish Mehta a/w J. Shah i/b. Ethos Legal Alliance for the
Respondent No.1.
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: SEPTEMBER 08, 2025 P. C.
1. We have heard Mr. Nankani, the learned Senior Counsel for the Petitioner and Mr. Mehta, the learned Counsel for Respondent No.1. Respondent No.2 is not represented today. We request Mr. Mehta to inform the Officer of Respondent No.2 so that there can be a representation of Respondent No.2 at the next date of hearing.
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2. As seen from the impugned order dated 3rd June, 2020 passed by the Director General of Corporate Affairs, Ministry of Corporate Affairs, Government of India under Section 212 (1)(a) & (c) of the Companies Act, 2013 an action to investigate the affairs of the Petitioner Company, has been initiated on basis of complaints which were received by the Ministry of Corporate Affairs.
3. Mr. Nankani, on instructions submits that during the pendency of this Petition the basis of the complaints has vanished in as much as the Petitioner has repaid all the banks, non banking financial institutions as also the depositors have been paid who wanted their monies to be returned. If this be the case, in our opinion, by an appropriate representation, all these facts can be put up for consideration of the Director General of Corporate Affairs, Ministry of Corporate Affairs, Government of India. We permit the Petitioner to file written representation in that regard within a period of two weeks from today. Let all the issues be examined by the Director General of Corporate Affairs, Government of India, after granting an opportunity of a hearing to the Petitioner and an appropriate order can be passed on the proposed representation, so that further course of action to be adopted on the present proceedings can be decided.
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4. We accordingly, adjourn the present proceedings, by four weeks, so that on the representation being made by the Petitioner a decision can be taken.
5. All contentions of the parties in that regard as also raised in the present Petition are expressly kept open.
6. We clarify that in the event the Director General of Corporate Affairs is of the opinion that the issues cannot be resolved, we shall proceed to hear the parties on the adjourned date of hearing, as a very short issue is involved in the proceedings so as to make an endeavor to pass appropriate orders.
7. Stand over to 10th October, 2025.
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