2013 (12) TMI 1654

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ore time to argue this case. The petitioner has filed this company petition under section 237 seeking opinion of this Bench for initiation of investigation by the Central Government as laid under section 237 of the Companies Act. Initially this petitioner asked for issuing notices to the patties, on hearing the submissions of the petitioner, notice was issued to the respondents on 01.11.2013; thereafter he filed another CA 137/2013 for deletion of the Respondents 1 to 43 in this CP stating that the matter need not be heard from the respondents against whom opinion has been sought. Since no objection has come from those respondents from being deleted from CP 130/2013, and there being an application from these respondents for deletion of them....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....002 conferred power upon the authority to initiate investigation on the complaint given under said Act, but no such procedure is contemplated under the Companies Act 1956. Since there being no analogous provision under the Companies Act conferring right upon CLB to pass such orders, I am of the view the ratio decided in it is not applicable to this case. There are subsections (a) and (b) under Section 237 of the Act, sub section (a) is not relevant, because it is a provision conferring power upon Central Government to appoint inspectors to investigate the affairs of the company either on special resolution from the company or on court order. As to subsection (b) is concerned, the central Government may initiate investigation if this B....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sued believing this Bench could take the assistance of the other side to decide the petition such issuance of notices itself could not become a bar to decide it on maintainability, moreover now the indicted parties were deleted at the insistence of the petitioner, especially in this new situation, this Bench must be more careful to pass orders. If we see the status of the petitioners, they are not the Members, not the creditors, nor any other persons affected by the affairs of Connaught Plaza Restaurant Pvt. Ltd. Since he has some issues with the petitioner Vikram Bhakshi in Connaught Plaza Restaurant Pvt. Ltd., it is understandable, he wants some orders passed against Mr Vikram Bhakshi, petitioner in Connaught Plaza Pvt. Ltd. For which,....