2013 (12) TMI 174

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....I. ORDER Heard Sri W.H. Khan, learned Senior Advocate assisted by Sri Manish Tandon and Sri Arvind Srivastava, Advocates on behalf of the petitioner and Sri Sanjay Kumar "Om", learned Additional Standing Counsel on behalf of Union of India. This is a petition under Section 237 (a) (ii) of the Companies Act, 1956. Petitioner, who claims to be the Ex-Secretary of the Company registered in t....

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....ion 237 (2) (a) is prayed for. Petitioner submits that the Court may, by an order, declare that the affairs of the company ought to be investigated by inspection appointed by the Central Government. In the opinion of the Court, the prayer as made in the present petition need not be granted for the following facts and reasons as borne out from the records: (a) admittedly, the petitioner filed....

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....ernment. (c) The power of the Court to issue such a direction under Section 237 (a) (ii) of the Companies Act would arise only if the Central Government fails to take appropriate action. Learned counsel for the petitioner, with reference to the judgment of the Gujarat High Court in the matter of Alembic Glass Industries Ltd., Baroda, reported in 1971 TAX. L.R. 1838 ( V 1 C 480), submits that....

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....fairs of the company by an inspection, is also with Tribunal, if in its opinion, there are circumstances suggesting for such inspection as contained under Section 237 (b) of the Companies Act. It, therefore, follows that an additional remedy of approaching the Tribunal for expressing its opinion in the matter of investigation of the affairs of the company by an inspector to be appointed by the ....