1990 (4) TMI 200

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.... the Petitioner. J.S. Narang for the Respondent. JUDGMENT I.S. Tiwana, J. - In this petition under sections 397, 398 and 433 of the Companies Act, 1956, the following prayers have been made: (i)To require respondents Nos. 2 to 10 to transfer their shares in the company to petitioners Nos. 1 and 3 and/or to their nominees at a value to be fixed by the court in this behalf. (ii)To rem....

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.... be claimed in the instant petition? (5)Whether the petition has been presented by the petitioners who do not qualify the test laid down in section 399(1)(a) of the Companies Act? (6)Relief. The petitioners were further directed to produce their evidence on November 3, 1989. As no evidence was produced on that date, it was adjourned to December 12, 1989, for the said purpose. On the said ....

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....les, 1959, do not envisage the adoption of the above noted course as a matter of law or rule but rather the said Rules and more particularly, rule 6, envisage that the practice and procedure to be adopted by the courts in these matters shall be the same as provided for in the Code of Civil Procedure. It is further highlighted in the reply on behalf of the respondents that though the court may requ....

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.... It is, however, within the discretion of the court to allow them to prove any particular fact/facts by filing affidavits of any witness for any good or sufficient reason. Even in that situation, the court has to direct the attendance of any of the deponents for purposes of cross-examination at the instance of either party. Keeping in view the facts and circumstances of the case in hand and more p....