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2012 (5) TMI 227

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..... ssue of notice to the proposed respondent before consideration on merits, from the perusal of the order passed by the CLB which is impugned in this appeal, it is clear that application is not disposed of on the ground that it is not maintainable and order is passed on merits. Wherefore, for the reasons aforesaid the impugned order is liable to be set aside. Appeal is disposed of accordingly - COM .....

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..... g notice to the proposed respondent order is passed by the Company Law Board ('CLB') on 8-4-2011 dismissing the application on the basis of the submission of the other respondents and the documents produced by them. The proposed 15th respondent has entered caveat and the learned counsel appearing for the proposed 15th respondent submits that he had no opportunity whatever to put forth his contenti .....

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..... LB was not justified in disposing of the application without notifying the proposed respondent. Having regard to the fact that application is maintainable and averments make out a ease for issue of notice to the proposed respondent before consideration on merits, from the perusal of the order passed by the CLB which is impugned in this appeal, it is clear that application is not disposed of on the .....

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..... and thereafter pass orders in accordance with law expeditiously. 8. Learned counsel appearing for the 15th respondent submits that he will file counter to the Company Application No. 49/11 within one week. After filing of the counter the application shall be considered and disposed of within two weeks as all the counsel submit that they will co-operate in the disposal of the Application. Ap .....

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