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        Companies Law

        1987 (5) TMI 339 - HC - Companies Law

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        Appealability of interlocutory orders: supply of proxy copies was not a judgment, so the appeal was not maintainable. An order directing supply of certified copies of proxies from summoned records was held not to be a 'judgment' under section 10 of the Delhi High Court ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Appealability of interlocutory orders: supply of proxy copies was not a judgment, so the appeal was not maintainable.

                          An order directing supply of certified copies of proxies from summoned records was held not to be a "judgment" under section 10 of the Delhi High Court Act, 1966 because it did not directly and immediately affect any vital or valuable right or cause serious injustice. Applying the settled test for appealability of interlocutory orders, the Court noted that the direction related only to documents relevant to the trial and did not determine any substantive right in the suit. It also observed that proxies are inspectable documents under the Companies Act framework and are not subject to the secrecy claimed. The appeal was therefore not maintainable.




                          Issues: Whether the order directing supply of certified copies of proxies from the summoned record was a "judgment" appealable under section 10 of the Delhi High Court Act, 1966, and whether the appeal against that order was maintainable.

                          Analysis: The appeal turned on the meaning of "judgment" in section 10 of the Delhi High Court Act, 1966, read with the principles governing appealability of interlocutory orders. The Court applied the test that only orders which directly and immediately affect vital and valuable rights of a party, or work serious injustice, can be treated as judgments. The impugned order concerned certified copies of proxies that were relevant to the trial and had been summoned from another court; it did not determine any substantive right in the suit and did not prejudice the appellant in any direct or immediate manner. The statutory scheme relating to proxies under section 176 of the Companies Act, 1956 also indicated that proxies are inspectable documents and do not enjoy secrecy in the manner suggested by the appellant.

                          Conclusion: The impugned order was not a judgment within section 10 of the Delhi High Court Act, 1966, and the appeal was not maintainable. The challenge to supply of certified copies therefore failed.


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