# Nita Puri vs. Union of India

> HC judgment dated 2025-08-28. Citation: TCN-2025-HC-00078. The petition was filed by the petitioner, an ex/suspended director of Moser Baer India Ltd. (MBIL),…

- **Court:** HC
- **Order date:** 28 Aug 2025
- **Citation:** TCN-2025-HC-00078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/nita-puri-vs-union-of-india-9xo7yb6v

## Summary

### Background

The petition was filed by the petitioner, an ex/suspended director of Moser Baer India Ltd. (MBIL), challenging the order issued by the Ministry of Corporate Affairs, Government of India, directing the Serious Fraud Investigation Office (SFIO) to conduct an investigation into the affairs of MBIL.

## Facts

The petitioner, Nita Puri, is an ex/suspended director of Moser Baer India Ltd. (MBIL).

The Ministry of Corporate Affairs issued an order dated 05.09.2024, directing the Serious Fraud Investigation Office (SFIO) to investigate the affairs of MBIL.

The petitioner is challenging the said order.

MBIL was incorporated in 1983 and was engaged in the manufacture of CDs, DVDs, and other optical media.

In 2012, MBIL sought relief under the Corporate Debt Restructuring (CDR) Scheme of the Reserve Bank of India.

MBIL was admitted into insolvency proceedings before the National Company Law Tribunal, New Delhi, in 2017.

The Interim Resolution Professional (IRP) commissioned a Forensic/Special Purpose Audit of MBIL.

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## Issues and analysis

### Issue 1: Whether the Impugned order is in contravention of the Bombay High Court’s dicta in Parmeshwar Das …

**Ratio:** An order under Section 212 must disclose the relevant circumstances which warrant (i)

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**Reasoning:** The Bombay High Court held that the existence of circumstances relevant for the formation

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**Interpretation:** Section 212 falling in the same Chapter XIV titled Inspection, Inquiry and

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**Application:** The present case, the impugned order (apart from other infirmities referred to

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## Parties

- **Judges:** SACHIN…
- **Appellants:** Nita…
- **Respondents:** Moser Baer India…; Union of…
- **Other parties:** Kalabu…; RL3M9ZXOBmgojsXrsj…
- **Advocates:** Abhishek Manu…; Vaibhav M…; +8 more

## Timeline

- **2024-09-05 — Order Issued by…**: The Ministry of Corporate Affairs, Government of India, issued an order directing the…
- **2025-08-28 — Judgment Pro…**: The High Court of Delhi quashed the impugned order dated 05.09.2024 and all consequential…

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