Stock Transactions of New Mauritius Hotels: ENL Limited and Rogers Can Challenge an Order Obtained by the FCC

The Supreme Court is set to rule on a complex procedure involving ENL Limited and Rogers & Co. Ltd (now known as ER Group), who are contesting the FCC's access to sensitive documents related to the sale of shares in New Mauritius Hotels.

On Wednesday, October 29, the Supreme Court authorized ENL Limited and Rogers & Co. Ltd (ER Group) to pursue their request for a "third-party opposition". This move aims to challenge an order obtained by the former Independent Commission Against Corruption (Icac), now the Financial Crimes Commission (FCC), which mandated the Financial Services Commission (FSC) to hand over documents, minutes, and data related to the sale of shares in New Mauritius Hotels (NMH).

The initial order was obtained on June 14, 2018, by the FCC from a judge in chambers. ENL Limited and Rogers & Co. Ltd then approached the Supreme Court, seeking an order that would allow them to exercise a "third-party opposition" to this decision.

The FCC requested all data, including minutes from a "Board meeting" held at the FSC regarding this matter, as well as reports from committees that conducted preliminary investigations, correspondence, emails, a list of pension plans, and other data held by the FSC concerning NMH for the years 2015, 2016, and 2017.

The ER Group's request was directed at the FCC, which raised preliminary objections, arguing that this "third-party opposition" constituted an abuse of process intended to obstruct its investigation and characterized it as a disguised form of judicial review.

In their ruling, judges Karuna Gunesh-Balaghee and Patrick Kam Sing rejected the preliminary objections raised by the FCC. They also ruled that the interim report produced by Kriti Taukoordass, appointed by the FSC to investigate this matter, constitutes "data". The judges concluded that the request for "third-party opposition" is not an abuse of process. The case will be brought before the Supreme Court on November 14, 2025, for substantive examination.

*Note: ENL Limited and Rogers & Company Limited merged on July 1, 2025, forming the new entity ER Group.