TaxTMI 
TaxTMI 
2013 (6) TMI 181
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....e order dated 5th February, 2009 passed by the Company Law Board, New Delhi. The case of the appellant is that the order under appeal was passed on a contempt application filed for alleged violation of order dated 8th May, 2007. In proceedings under Sections 397 and 398 of the Companies Act, 1956 filed by one Anup Agarwalla, the respondent No.1 herein an ex parte order was passed on 8th May, 2007 restraining the appellant from making any representation in the name or on behalf of the company. Affidavits were directed to be filed. An application was also filed for vacating the order dated 8th May, 2007 and for dismissal or stay of C.P. 50 of 2007 before the Company Law Board, New Delhi (CLB). An order was passed refusing to vacate the ord....
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....both parties. The application filed by Anup Agarwalla and his group was filed under Regulations 44 and 47 of the 1991 Regulations. By virtue of demerger on 18th July, 2003 Castron Mining Limited and Castron Technologies Limited came into existence. Form 21 was filed and because of acts of oppression, proceedings under Sections 397 and 398 of the Companies Act was filed by the Anup Agarwalla Group. One of the reliefs sought in the said proceedings is for perpetual injunction restraining the MKA Group from making false and incorrect allegations or addressing any correspondence for and on behalf of the company. The application filed under Regulations 44 and 47 seeks for quashing the complaint dated 25th November, 2008. The complaint was filed ....
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....peal is after the appeal filed against order dated 17th April, 2009 the conduct of the appellant be considered and this appeal is nothing but an afterthought. The giving of reason is not necessary as held in AIR (1963) SC 1526, AIR 1988 Calcutta 25 and the unreported decision in the matter of Orient Paper and Industries Limited. An inspection was held and report submitted by the Registrar of Companies on 7th August, 2007 wherefrom it appears that the MKA Group had resigned from the Directorship of the company on and from 29th December, 2004 and it was registered with the Registrar of Companies on 28th February, 2005. Therefore, the MKA Group had no authority to participate in the company. This report was submitted pursuant to an order of th....
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....ivil Procedure. The said two cases do not deal with a case of a statutory body not bound to give reasons. 2010 (3) SCC 732 makes giving of reasons mandatory. Section 10E of the Companies Act deals with the principles of natural justice which raises a question of law. The CLB has no power of superintendence over the Registrar of Companies, therefore Section 403 of the 1956 Act is not to apply. In the application filed under Regulations 44 and 47 there is no mention of the inspection report. The consistent case is that the signatures were forged. In C.A. 251 of 2007 the final order was passed on 17th April, 2009 by which the proceedings before the CLB has been stayed and the application disposed of. The said order is a final order and n....