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l) That the Petitioner may be permitted to file copies of the interim and/or final investigation reports of the Serious Fraud Investigation Office (SFIO), as and when the same are submitted by the concerned inspectors to the Central Government, in order to supplement/enlarge/amend/modify the present petition, based on the findings of the interim/final report, including addition to the array of Respondents, as per the NCLT Rules.

16. It appears that the Central Government has already ordered SFIO to investigate under Section 212 read with Section 216 of the Companies Act, 2013. The promoters of both Groups have not joined investigation before the SFIO. The PNB has complained to the Department of Company Affairs that the Respondents are diverting their assets. It is in these circumstances that injunctive Orders were sought inter alia for restraining Respondents from diverting, transferring or alienating assets.

20. It was further submitted that the Central Government vide its letter dated 17th February, 2018, directed SFIO to investigate into the affairs of FDIPL and FIL, among other 114 entities. The investigation is currently undergoing. As such, as on date there is no basis either for the Central Government to file an application under Section 241 of the Companies Act, 2013 or for Tribunal to pass orders under Section 242(4), for want of material to form opinion.

21. Further, according to learned counsel, an Interim Order could be passed only under Section 242(4) for regulating the conduct of a company's affairs. Therefore, it is imperative that an interim order is to be restricted Company Appeal (AT) Nos. 103, 119, 124 to 133 of 2018 only to the persons responsible for conducting company's affairs and not any other individuals, who were not even associated with the Company during the period of alleged fraud.

30. Chapter XIV of the Companies Act, 2013 relates to "Inspection, Inquiry and Investigation".

Section 210 empowers the Central Government to investigate into the affairs of a Company/ (Companies), if it is of the opinion that such investigation is necessary for the reasons mentioned therein, including public interest. For the purpose of the said provision, the Central Government may appoint one or more persons as inspectors to investigate into the affairs of the Company and to report thereon in such manner as the Central Government may direct. The SFIO has been established under Section 211 of the Companies Act, 2013, which has jurisdiction to investigate into the Company/ (Companies), where the Central Government Company Appeal (AT) Nos. 103, 119, 124 to 133 of 2018 is of the opinion that it is necessary to investigate into the affairs of a Company by the SFIO for different reasons, including the public interest. Where any case has been assigned by the Central Government to the SFIO for investigation under the Act, no other investigating agency of the Central Government or any State Government can proceed with investigation in such case in respect of any offence under the Companies Act and other cases before such agency are required to transfer the relevant documents and records in respect of such offences under the Companies Act to the SFIO. Sub-section (8) of Section 211 empowers certain Officers of the SFIO to arrest any person, if on the basis of material in his possession there is reason to believe, which is to be recorded in writing, that any person has been guilty of any offence punishable under sub-section (6) of Section 212 of the Companies Act, 2013.