9911796707
TMI Blog1995 (9) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... seeking an extract from the register of the company's members. "The appellant-company sent a reply stating that a sum of Rs. 6,000 should be sent in advance for preparing the copies. The respondent sent a reply asserting that the claim of the appellant was excessive but sent an advance of Rs. 500 only and requested the appellant to furnish the copies. Since the appellant-company did not supply the copies and demanded Rs. 6,000, the respondent filed an application before the Company Law Board under section 163(6) of the Companies Act, 1956, for a direction to the appellant-company to furnish the extracts of the list of members. After hearing both the sides the Company Law Board passed the impugned order directing the appellant-company to qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of preparing the copies demanded by the respondent, it would take about 80 days. There are about 4,000 members in the company. For each member there is one sheet in the register. The learned company advocate has explained that one typist may prepare 50 to 60 sheets per day and to make all the copies of 4,000 members it will take about 80 days but the impugned order gives only ten days to the company to give the copies. Then a grievance was made about the impugned order not giving a discretion to the company for supplying copies by another mode. In my view, both the grievances of the appellant-company are justified. The member of the Company Law Board who has passed the impugned order has not taken into consideration the practical diffi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und of being unjust and unreasonable. In my view, for the disposal of this appeal, it may not be necessary to go into the same. That question is left open. In the result the appeal is allowed partly. The impugned order is modified. The appellant-company shall give typed copies of the extracts of the register of members within a period of six months after the respondent sends cash of Rs. 2,280 in pursuance of this order. In case the respondent wants the copies earlier, it is open to him to send cash of Rs. 3,800 to the appellant-company and in which case the appellant-company shall supply xerox copies of the lists of members within a period of two weeks from the date of receipt of the cash. The respondent shall make the above payments only ..... X X X X Extracts X X X X X X X X Extracts X X X X
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