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TMI Blog2013 (12) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Senior Advocate assisted by Sri Manish Tandon and Sri Arvind Srivastava, Advocates on behalf of the petitioner and Sri Sanjay Kumar "Om", learned Additional Standing Counsel on behalf of Union of India. This is a petition under Section 237 (a) (ii) of the Companies Act, 1956. Petitioner, who claims to be the Ex-Secretary of the Company registered in the name and style of 'Cawnpore Club Ltd., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that the Court may, by an order, declare that the affairs of the company ought to be investigated by inspection appointed by the Central Government. In the opinion of the Court, the prayer as made in the present petition need not be granted for the following facts and reasons as borne out from the records: (a) admittedly, the petitioner filed Original Suit No. 835 of 2013 for permanent in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a direction under Section 237 (a) (ii) of the Companies Act would arise only if the Central Government fails to take appropriate action. Learned counsel for the petitioner, with reference to the judgment of the Gujarat High Court in the matter of Alembic Glass Industries Ltd., Baroda, reported in 1971 TAX. L.R. 1838 ( V 1 C 480), submits that powers of the Company Court are not restricted because ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if in its opinion, there are circumstances suggesting for such inspection as contained under Section 237 (b) of the Companies Act. It, therefore, follows that an additional remedy of approaching the Tribunal for expressing its opinion in the matter of investigation of the affairs of the company by an inspector to be appointed by the Central Government has been provided for, which statutory provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 31st August, 2010, against which Anchal Gupta has filed First Appeal From Orders No. 3024 of 2010 before the High Court, wherein an interim order has been granted on 1st March, 2011. The interim order granted in the First Appeal From Orders was vacated on 1st June, 2012. Petitioner had also filed writ petition no. 37781 of 2013 which he got dismissed with liberty to file a fresh writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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