1976 (1) TMI 119

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..... quidator, the present application under section 391 of the Companies Act is not a bona fide one. The matter has been argued at some length to demonstrate this aspect. After hearing, I have given liberty to the liquidator to put in a further affidavit within two weeks and also granted liberty to the applicants to make further affidavit within a period of three weeks thereafter and fixed the hearing .....

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..... rmally, no motion is made without previous notice to the parties affected thereby. But the court, if satisfied that the delay caused by proceeding in this normal way would or might entail irreparable or serious mischief, may make an order ex parte either on conditions or without conditions and the party affected by such order may apply to the court to set it aside. This is ex parte motion. Mer .....

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..... el for the Porbunder wallas, referred to the form of the summons which opens with the words "Let all parties concerned........." and submitted that they were very much concerned with the present application. I find merit in this submission. In the circumstances, I allow the Porhunderwallas to make their affidavit. The affidavit is ordered to be taken on file. - - TaxTMI - TMITax - Corporate .....

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