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The word “court” occurring in section 75(1)(c)(ii) should be read harmoniously with section 79 in which “court” has been replaced with “Company Law Board” - Companies Law - Letter : No. 12/26/75-CL-V,Extract Letter : No. 12/26/75-CL-V, dated 10-1-1976. Subject:- The word court occurring in section 75(1)(c)(ii) should be read harmoniously with section 79 in which court has been replaced with Company Law Board Section 79 has been amended by the Companies (Amendment) Act, 1974 so as to substitute the word court with the words Company Law Board in section 79. In this connection, attention of this Department has been drawn to the absence of a consequential amendment to section 75(1)(c)(ii) in this regard. The position has been examined carefully in this Department and it is felt that the word court used in the above section should be read harmoniously with section 79 in which the word court has been replaced with the words Company Law Board . Therefore, the order of the Company Law Board in this context should be taken as the order of the court within the meaning of section 75(1)(c)(ii).
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