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TMI Blog2009 (7) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... EAL NOS. 19 AND 20 OF 2005 - - - Dated:- 3-7-2009 - V.V.S. RAO, J. Vedula Venkataramana, Srinivasa Iyengar and C. Kodanda Ram for the Appearing Parties. JUDGMENT 1. Both these appeals are against an interlocutory order dated 10-10-2005, passed by the Company Law Board, Chennai, in S.S. Organics Ltd. v. B. Subba Reddy [2006] 132 Comp. Cas. 92 1 . Company Appeal No. 19 of 2005 is filed by the petitioner before the Company Law Board and the other one is filed by the respondents in company petition before the Company Law Board. Therefore, it is appropriate to dispose of the two appeals by a common order by referring to the parties as they are arrayed in Company Petition No. 22 of 2005 before the Company Law Board ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nks fit with a view to bringing to an end, the acts of oppression and mismanagement, complained of by any aggrieved members. Thus, the scope and jurisdiction of the BIFR and the Company Law Board are entirely different. Therefore, the plea of Shri R. Murari, learned counsel that section 26 does not provide for bifurcation of the subject-matter of an action as in the case of proviso to section 34(2)( a )( iv ) of the Arbitration and Conciliation Act, 1996, providing for bifurcation of the subject-matter does not merit any consideration. The principles laid down by the Apex Court in Sukanya Holdings (P.) Ltd. v. Jayesh H. Pandya [2003] 5 SCC 531, having arisen in the context of the provisions of section 8 of the Arbitration and Conciliat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issues. The respondent filed an interlocutory application under regulation 44 of the Regulations, which in the considered opinion of this court does not even remotely suggest that the power to decide preliminary issues inheres in the Company Law Board. 5. Section 10E(4C) of the Companies Act is to the effect that every Bench of the Company Law Board shall have powers which are vested in a court under the Code of Civil Procedure, 1908 (CPC), while trying a suit in respect of only the following matters : ( a ) discovery and inspection of documents, ( b ) enforcing the attendance of witnesses, ( c ) compelling production of documents or material objections, ( d ) examining witnesses on oath, ( e ) granting of adjournments, and ( f ) rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssions of Inquiry Act, 1952), laid down as under : 10. Interestingly, here, in clause ( 8 ) of article 338, the words used are the Commission shall . . . have all the powers of the civil court trying a suit . But the words all the powers of a civil court have to be exercised while investigating any matter referred to in sub-clause ( a ) or inquiring into any complaint referred to in sub-clause ( b ) of clause ( 5 ) . All the procedural powers of a civil court are given to the Commission for the purpose of investigating and inquiring into these matters and that too for that limited purpose only, The powers of a civil court of granting injunctions, temporary or permanent, do not inhere in the Commission nor can such a power be inferre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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