HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 1318 OF 2009 Dated: 01-02-2010 Between: T.H. Sowbhagya Lakshmi ... PETITIONER AND The Secretary, Ministry of Corporate Affairs, ‘A’ Wing, Shastri Bhawan, Rajendra Prasad Road, New Delhi – 110 001 and eight others ... RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 1318 OF 2009 ORDER: (per Sri C.V. Nagarjuna Reddy, J) The petitioner who is a practicing advocate filed this writ petition in public interest for a mandamus to direct respondent No.1 to set up Commission of Inquiry under Section 3 of the Commissions of Inquiry Act, 1952 to go into the fudging of books of accounts and cheating by respondent Nos.7 and 8. In response to the notice given by this Court, respondent Nos. 1 and 2 filed a detailed counter affidavit, wherein they have enumerated several steps taken for investigation into the scam involving respondent Nos.7 and 8. In paragraph 13, it is stated as under: “I state that the 1st Respondent has already taken various steps and instituted proceedings before the Company Law Board (hereinafter referred to as “CLB”) in the matter of Ms Satyam Computers with a view to safeguarding the interests of the Company and to enable its survival in the interests of its stakeholders, and has filed a petition before the CLB, Principal Bench, New Delhi, being Company Petition No. 001 of 2009 and filed an application for interim releifs. The CLB by its order dated 09.01.2009 has suspended the existing Board of Directors of Satyam Computers and authorized the Union of India to appoint on behalf of the CLB not more than 10 persons as Directors of the Company. Pursuant to the above order the Central Government appointed six eminent persons from the field of banking, finance, law etc. as Directors. The Directors have assumed their duties and the newly constituted Board has initiated various steps to safeguard the operations and other interests of the company and its stakeholders., in India and abroad”. In addition to the proceedings instituted before the Company Law Board, it has now come out that the Government of India has entrusted the investigation to Central Bureau of Investigation and a special Court has been constituted to conduct trial of all cases pertaining to M/s. Satyam Computers. In view of these measures, which in our view are wholly adequate, we find that the request of the petitioner to constitute a Commission under the Commissions of Inquiry Act, 1952 is not proper and appropriate. Therefore, no relief in this regard can be granted. The writ petition is accordingly dismissed. As a sequel to dismissal of the writ petition, WPMP No. 1654 of 2009, filed by the petitioner for interim relief, is also dismissed. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 01-02-2010 ks