# Rekha Neware & Ors. vs. State of Chhattisgarh & Ors.

> HC judgment dated 2026-07-16. Citation: TCN-2026-HC-00044. The petitioners filed a writ petition under Article 226 of the Constitution of India and Section…

- **Court:** HC
- **Order date:** 16 Jul 2026
- **Citation:** TCN-2026-HC-00044
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/rekha-neware-ors-vs-state-of-chhattisgarh-ors-nb43b

## Summary

### Background

The petitioners filed a writ petition under Article 226 of the Constitution of India and Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023. They sought various reliefs including quashing multiple complaint cases under the Companies Act, 1956 and 2013, quashing an FIR for offences under IPC, Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Chhattisgarh Protection of Depositors Interest Act, 2005, and quashing a recovery order issued by SEBI. Additionally, they sought a declaration that they were never 'Officers in Default' of M/s Vee Realties India Limited and requested an independent investigation into alleged fraud, fabrication, and manipulation of statutory records by other individuals related to the company.

## Facts

The petitioners filed a writ petition under Article 226 of the Constitution of India and Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

The petition sought to quash Complaint Case Nos. 56/2016, 57/2016, 02/2018, 27/2022, and 50/2024, related to various sections of the Companies Act, 1956 and 2013.

The petition sought to quash FIR No. 75/2016 dated 10.11.2016, registered for offences under Sections 420, 406, 34 IPC, Sections 3, 4, 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005.

The petition sought to quash Recovery Order No. RO/214/2022 arising from Recovery Certificate No. 997/2016 dated 28.01.2022, issued by SEBI against the petitioners.

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## Issues and analysis

### Issue 1: Whether an appropriate writ, order or direction should be issued in the nature of Certiorari …

**Ratio:** The court did not address the substantive legal questions raised by the petitioners due

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**Reasoning:** An office note revealed 15 significant defects, including missing information, incorrect

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**Interpretation:** A writ petition must adhere strictly to procedural rules and proper drafting

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**Application:** The High Court applied its procedural rules and found the petition to be

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## Parties

- **Judges:** Ramesh Sinha,…; Ravindra Kumar…
- **Appellants:** Rekha N…; Nilesh Keshorao…; +2 more
- **Respondents:** M/s Vee Realties…; State of Chhattisg…; +6 more
- **Other parties:** Ganesh Ram…
- **Advocates:** Vivekanand…; Ashish S…

## Timeline

- **2025-07-21 — Office Obj…**: Office objection raised regarding annexures being wrongly mentioned in the documents as…
- **2026-06-18 — Office N…**: Office Note indicating that the address of Respondent No. 05 was not completely mentioned…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 220 — Appointment of disciplinary committee](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-220)

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