9911796707
TMI Blog2002 (8) TMI 576X X X X Extracts X X X X X X X X Extracts X X X X ..... 1998 respectively. This has been stated to emphasise that the Respondents in this application were not arrayed in the Petition. 2. The prayers in the main petition are as follows : "It is therefore, respectfully prayed that this Hon ble Court be pleased to order that the : 1.The affairs of the company shall hereafter be carried on with the active participation of the petitioners and for this purpose direct the company to amend its articles in the manner provided in section 265 of the Act and make fresh appointments of directors in pursuance of the articles so amended within a time fixed by this Hon ble Court. 2.Remove respondent No. 2 from the Chairmanship of the Company and appoint a person as Chairman for the purpose of carrying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioner. The petition stands dismissed as not pressed. The connected petitions, applications as also the contempt petitions also accordingly stand dismissed." 5. Subsequently, CA 430 of 1998 was allowed since there was no objection from any quarter against it. Thereafter, on 1-4-1998 Anil Dev Singh, J. permitted the release of the amounts deposited till then in favour of Smt. Phoola Devi Petitioner No. 2. 6. In this application the applicants seek an order for the deposit of licence fee for the period June, 1997 to May, 1998 from Supreme Enamel and Faridabad Engineers who, according to them, are licensees of the company s premises . This statement is made by Mr. Mohan predicated on the orders passed by Y.K. Sabharwal, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the petition under section 398. This is exactly the position which prevails in the present case. The dispute which was sought to be resolved through Court intervention, when it was filed in 1986, was between the father and his brother and son, who had apparently ousted the petitioners from the control of the company and from its benefits. The non-applicants were not parties to that dispute, and correctly so, since they had no bearing whatsoever on the relief of oppression or mismanagement. Merely because such a petition had been filed would not keep it alive till eternity, that too in respect of claims which were not connected with the original dispute. 8. The view which I am taking is fortified by the orders previously passed by M. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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