Section 210: Investigation into affairs of company

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
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Legal Commentary & Landmark Judgments: Section 210

Section 210 empowers the Central Government to order an investigation into the affairs of a company on receipt of a report, a special resolution passed by members, or in the public interest.

  • Inquiry & Trial Mechanism: Sub-section (2) makes investigation mandatory where an order to that effect is passed by a court or the National Company Law Tribunal.
  • Evidentiary Presumption & Proof: The appointed inspectors have extensive powers under Chapter XIV to examine officers on oath, inspect records, and seize corporate books.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:
  • Barium Chemicals Ltd. v. Company Law Board AIR 1967 SC 295: The Supreme Court established that the formation of opinion by the Central Government to order an investigation under Section 210 is subject to judicial review; the government must demonstrate existence of circumstances suggesting fraud or oppression.
  • Rohtas Industries Ltd. v. S.D. Agarwal (1969) 1 SCC 325: The Supreme Court held that ordering an investigation into a company's affairs is a grave matter that severely impacts its commercial reputation, requiring tangible, relevant grounds rather than mere suspicion.
Legal Commentary:

An order of investigation under Section 210 marks the transition from routine administrative inquiry to coercive state investigation. Corporate entities cannot stall Section 210 investigations by initiating civil suits; challenges to Section 210 orders before High Courts under Article 226 require demonstrating that the Central Government's order was actuated by demonstrable malice or complete absence of relevant material.