In Brief
Devas Multimedia Private Limited sought to reverse its winding up order on allegations of fraud in forming and conducting a satellite broadcasting venture. The Supreme Court upheld the NCLT and NCLAT orders, holding that fraud under Section 271(c) of the Companies Act, 2013 is a standalone ground for winding up. The Court found that Devas was incorporated to obtain valuable S-Band spectrum capacity through fraudulent misrepresentations about non-existent technology and services. Despite arguments about limitation, procedural defects, and estoppel, the Court held that the motive for seeking winding up is irrelevant when fraud is established and vitiates public policy. Concurrent findings supported by undisputed documents cannot be reopened on appeal.
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