Consent quashing of Company Law Board interlocutory order without merits adjudication and with issues preserved for further proceedings

The Bombay HC disposed of the appeal by consent and quashed the interlocutory order of the Company Law Board, without expressing any opinion on the merits of the rival contentions. The court treated the agreed course as a fair way to bring the company petition to an expeditious conclusion, while recording that future appearance, cooperation for early disposal, and the parties' contentions on inspection remained preserved and were not adjudicated.

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Issues: Whether the interlocutory order passed by the Company Law Board should be quashed and set aside by consent without any final opinion on the merits of the rival contentions.

Analysis: The parties jointly sought disposal of the appeal by setting aside the impugned interlocutory order instead of inviting adjudication on its correctness. The Court accepted this course as fair and conducive to an expeditious conclusion of the company petition pending before the Company Law Board, while expressly refraining from expressing any opinion on the merits of the disputed issues. The arrangements regarding future appearance before the Company Law Board, cooperation for early disposal, and preservation of contentions on inspection were recorded by consent and were not decided on merits.

Conclusion: The interlocutory order was quashed and set aside by consent, and the appeal was disposed of without any adjudication on the merits.

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