Section 225: Expenses of investigation

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 225

Section 225 of the Companies Act, 2013 governs the defrayment and apportionment of expenses incurred in corporate investigations, establishing the Central Government's right of reimbursement from convicted persons, ordered parties, and petitioning applicants, recoverable as arrears of land revenue.

  • Initial Defrayment by Central Government: Mandates that all expenses of and incidental to an investigation by an inspector appointed under Chapter XIV shall be defrayed in the first instance by the Central Government.
  • Statutory Liability of Convicted and Liable Parties: Imposes mandatory reimbursement liability upon persons convicted in prosecutions, persons ordered to pay damages, companies in whose name proceedings are instituted, and applicants under Section 213.
  • Summary Recovery as Arrears of Land Revenue: Declares that any amount due to the Central Government towards investigation expenses is recoverable summarily as an arrear of land revenue, bypassing traditional civil recovery suits.
Key Landmark Precedents:
  • Rohtas Industries Ltd. v. S.D. Agarwal, (1969) 1 SCC 325: The Supreme Court highlighted that saddling investigation expenses onto convicted persons or delinquent companies reinforces fiduciary deterrence, preventing corporate funds or state exchequer from bearing the cost of directorial malfeasance.
  • S.P. Jain v. Kalinga Tubes Ltd., AIR 1965 SC 1535: Observed that the statutory recovery of investigation expenses as arrears of land revenue under company law represents an executive recovery power designed to reimburse public expenditure incurred due to corporate fraud.
  • New Central Jute Mills Co. Ltd. v. Deputy Secretary, Ministry of Finance, AIR 1966 Cal 151: Affirmed that the statutory mechanism for recouping investigation costs from delinquent corporate officers operates as a financial consequence of administrative findings of guilt.
Courtroom Practice & Strategic Litigation Guidance:

When representing directors who have negotiated a compounding of offenses or secured an acquittal in proceedings arising from an investigation, immediately resist any recovery citation issued by the District Collector under Section 225(2) for investigation expenses. Establish that absence of a formal criminal conviction or damages decree under Section 224 bars the state from invoking summary land revenue recovery procedures against individual directors.