Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
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No prescribed limitation period governed petitions under the Companies Act before the Company Law Board, but unexplained delay could still matter where relief is discretionary; on these facts, the grievance concerned a continuing course of oppression and mismanagement, so delay, laches, acquiescence and estoppel did not bar scrutiny. The Board could examine fraud and forgery on the record where the material disclosed mala fide exclusion, and its findings on shareholding, clandestine meetings and oppressive conduct were not perverse under Section 10F because they rested on company records and correspondence. Additional evidence under Order XLI Rule 27 required due diligence and necessity, which were not shown. The special auditor direction was only consequential and was upheld.
No prescribed limitation period governed petitions under the Companies Act before the Company Law Board, but unexplained delay could still matter where relief is discretionary; on these facts, the grievance concerned a continuing course of oppression and mismanagement, so delay, laches, acquiescence and estoppel did not bar scrutiny. The Board could examine fraud and forgery on the record where the material disclosed mala fide exclusion, and its findings on shareholding, clandestine meetings and oppressive conduct were not perverse under Section 10F because they rested on company records and correspondence. Additional evidence under Order XLI Rule 27 required due diligence and necessity, which were not shown. The special auditor direction was only consequential and was upheld.
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