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TMI Blog2005 (9) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... Company Judge, High Court of Delhi. Thereafter a special leave petition was preferred against the order of the learned Company Judge and that was also dismissed. This is, therefore, the second salvo of litigation in respect of the same order. The contention is that in the previous round of litigation the petitioner had not put forward the argument that the impugned order ought to have been passed by a Bench comprising of more than one person. This ground was certainly available to the petitioner even in the previous round of litigation. The principles and prescriptions of constructive res judicata would, therefore, apply. The following observations of the Hon ble Supreme Court in Shankar Ramchandra Abhyankar v. Krishnaji Dattatraya Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of both the parties would replace the judgment of the lower court thus constituting the judgment of the High Court the only final judgment to be executed in accordance with law by the court below. In Chandi Prasad Chokhani v. State of Bihar [1961] 43 ITR 498 (SC), it was said that save in exceptional and special circumstances this Court would not exercise its power under article 136 in such a way as to by-pass the High Court and ignore the latter s decision which had become final and binding by entertaining an appeal directly from orders of a Tribunal. Such exercise of power would be particularly inadvisable in a case where the result might lead to a conflict of decisions of two courts of competent jurisdiction. In our opinion the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Law Board Regulations, 1991, had been handed over to the court by learned counsel for the petitioner, regulation 4 of which read as follows : "4. Power of the Chairman to specify matters which may be dealt with by a Bench. (1) It shall be lawful for the chairman to provide that matters falling under sections 235, 237, 247, 248, 250, 388B, 408 and 409 and matters falling under Chapter VI of Part VI of the Act and under section 2A of the Monopolies Act shall be dealt with by a Bench consisting of not less than two members including the Chairman or the Vice-Chairman (which shall be known as the Principal Bench). (1A) It shall also be lawful for the Chairman to provide that matters falling under sections 235 and 237 of the Act and matters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta confront me squarely in the face. 10. It transpires that the above extracted Regulations are not those presently in force. By notification published in the Gazette of India, New Delhi, Thursday, 5-9-2002, a significant amendment to the Rules has been effected. In regulation 4(1), for the words not less than two members including the Chairman or Vice-Chairman the words one or more members shall be substituted. In other words, with effect from September, 2002 it was lawful for the Chairman to provide that the subject-matter of the present writ petition could be dealt with by a Bench consisting of one or more members. The amendment shift in the expectation from two persons to one person constituting the Principal Bench. By order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner, however, submits that the Regulations which are handed over to the court were drawn from the Company Law Board s website. Obviously the Company Law Board has not taken the pains of updating its website. The Company Law Board has indeed been remiss in not updating its website and necessary action must be taken by the Chairman in fixing responsibility in this regard. Since the extant Regulations are easily obtained from text-books etc., this will not have any impact on the merits of the petition. 13. Keeping in view the fact that this is the second round of litigation assailing the same order, and the fact that the Regulations which have been relied upon have already been amended and the regime is not what the petitioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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