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Investigation of petitioner’s shell company by SEBI without any notice was unjustified: HC

March 12, 2019[2019] 103 160 (Gauhati)

SEBI : Where SEBI initiated proceedings against petitioner-tea company treating it as a shell company, declaration or branding of petitioner as shell company without issuing notice and an opportunity of hearing was unjustified

IBC : Where SEBI initiated proceedings against petitioner-company declaring it as shell company, it could not be said that upon commencement of corporate insolvency resolution process under section 7, erstwhile directors do not have locus standi to assail a finding of being branded as a shell company

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