EXIM FINANCE LIMITED AND ANR v. UNION OF INDIA AND ORS.
WPA/5098/2026 · 2026-09-03
Krishna Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 39099 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 39099 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S/L 4
09.09.2026 Court. No. 25
suvayan
WPA 5098 of 2026
Exim Finance Limited & Anr. Vs. Union of India & Ors.
Mr. Mainak Bose, Sr. Adv. Mr. Soumabho Ghose Ms. Debdatta Roy Choudhury … for the petitioners.
Mr. Rabindranath Bag, Sr. Adv.
Mr. Iswar Chandra Maity
Ms. Nazni Khatun
Mr. Piyas Chowdhury
Mr. Swagata Saha …for U.O.I.
Ms. Ramyani Bhattacharya
Ms. Aasia Hasan …for S.E.B.I.
1. The grievance of the petitioners in the present writ application that initially on August 7, 2017 the Securities and Exchange Board of India has issued a letter to all the Stock Exchanges intimating that the Ministry of Corporate Affairs (MCA) has identified altogether 331 companies are suspected shell companies for initiation of necessary action as per the SEBI laws and regulations. Subsequent thereafter a forensic audit was conducted. After the forensic audit, it was found that the petitioners are not a shell company and accordingly, the Calcutta Stock Exchange informed the petitioners to approach the Ministry of Corporate Affairs for removal of their companies’ name from the list of suspected shell companies.
2. In terms of the said communication, the petitioners have made representation to the Ministry of Corporate Affairs on August 29, 2023 and subsequently, several reminders
2 have been sent to the Ministry but in spite of receipt of the representation submitted by the petitioners no decision has been taken by the Ministry.
3.
Learned counsel for the petitioners prays for a direction upon the Ministry for consideration of the request of the petitioners for removal of the name of the petition from list of suspected shell company.
4.
Learned counsel appearing for the respondents submits that the petitioners have made the representation on August 29, 2023 and thee years have been passed and if the petitioners will make a fresh representation to the Ministry, the Ministry will consider and pass appropriate
order.
5. Considered the submission made by the learned counsel for the respective parties.
6. Though the petitioners have made a representation to the Director General of Corporate Affairs on August 29, 2023 followed by the reminders but the same has not been considered, even though the petitioners are given liberty to submit detailed representation to the Ministry of Corporate Affairs within a period of one week from date and if any representation is made by the petitioners to the Ministry of Corporate Affairs for deletion of the name of the petitioners from the list of the suspected shell companies, the Ministry shall take appropriate decision within a period of eight weeks from the date of receipt of the representation and pass a reasoned and speaking
order and to communicate the same to the petitioners within two weeks thereafter.
7. WPA 5098 of 2026 is disposed of.
3
8. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
(Krishna Rao, J.)