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2013 (11) TMI 1227

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..... ioner has furnished no details on affidavit as to why he chose to abandon that application. He tendered in this Court a copy of the application in this regard before the CLB. The same, however, does not contain any particulars as to why the documents were of no importance any longer. Had the CLB decided the matter one way or the other, it may have had a bearing on the result of this Writ Petition. As a result of the petitioner having abandoned the proceedings before the CLB, he now wishes to and indeed would have to re-argue even the question as to whether he was entitled to inspection under section 163 - This is an attempt at forum shopping - Decided against petitioner. - WRIT PETITION NO. 845 OF 2013 - - - Dated:- 27-8-2013 - S.J. VAZI .....

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..... . 3. The petitioner had filed an application before the Company Law Board (hereinafter referred to as "CLB") alleging that the first respondent had violated the provisions of section 163 as it had refused to grant him inspection of the Register of members and annual returns as demanded by him. The petitioner had earlier, by his e-mail dated 14th June, 2012, requested the company to grant him inspection of the Register of members and annual returns for the years 2009-2010 and 2010-2011. On 27th June, 2012, the first respondent granted him inspection of the same. Thereafter, the petitioner by a further e-mail dated 3rd July, 2012, demanded the full copy of the Register of members and a copy of the annual return for the years 2009-2010 and 2 .....

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..... ded by an order dated 19th June, 2013. The order also records that the petitioner had made an application to the CLB stating that it did not wish to press the same. This, however, was after the entire matter had been argued before the CLB. The order recorded that it was for the CLB to decide whether or not the application ought to be withdrawn at this stage. 7. We are now informed that the CLB passed the following order. "CP is not pressed. Disposed off as withdrawn. No order as to costs." The petitioner states that he withdrew the application before the CLB as the importance of the documents and the information did not survive now and that even if the matter were to be decided, the information he had earlier sought had lost all meaning. .....

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