2015 (8) TMI 1556 - SCH - Companies Law

Validity of Summons issued for offence under Section 630 of the Companies Act 1956 - Validity of Board resolution is already in dispute - It was held by High Court that It is settled law that the complaint under Section 630 of the Company Law may be maintainable despite of pendency of the civil litigation, but the facts in the present case are distinct as it is doubtful whether the complaint in the existing circumstances when the board resolution itself is under dispute is maintainable whether the proceedings can continue, therefore, instead of dismissal of complaint, I am of the view that the summoning order are liable to be quashed. HELD THAT - The order of High Court is upheld - The special leave petition is dismissed.