https://www.taxtmi.com/caselaws?id=103222 Maintainability objections under section 399(3) of the Companies Act, 1956 cannot be conclusively decided without proper enquiry where the record raises disputed issues of consent, the link between draft and filed petitions, disputed signatures, and the authority of the person presenting the petition. The High Court held that such matters involve substantial questions of fact and should be examined by the statutory forum rather than finally determined on a summary record. The orders rejecting the petition under sections 397, 398 and 402 at the threshold were set aside, and the matter was remitted to the Company Law Board for fresh consideration in accordance with law. en-us Mon, 18 Apr 1994 00:00:00 +0530 Tue, 21 Feb 2012 16:13:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103222 Maintainability objections under section 399(3) of the Companies Act, 1956 cannot be conclusively decided without proper enquiry where the record raises disputed issues of consent, the link between draft and filed petitions, disputed signatures, and the authority of the person presenting the petition. The High Court held that such matters involve substantial questions of fact and should be examined by the statutory forum rather than finally determined on a summary record. The orders rejecting the petition under sections 397, 398 and 402 at the threshold were set aside, and the matter was remitted to the Company Law Board for fresh consideration in accordance with law. Case-Laws Companies Law Mon, 18 Apr 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103222