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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 ..... ise jurisdiction under Section 237 (a) (ii) of the Companies Act till the Central Government disposes of the matter pending before it under Section 237 (b) - allegations made are vague and general, they do not make a case for any investigation being directed by this Court - The petition is dismissed and it is left open to the petitioner to approach the Central Government or the Tribunal if he so desire, with making specific case – Decided against Petitioner. - Company Petition No. - 41 of 2013 - - - Dated:- 7-10-2013 - Hon'ble Arun Tandon,JJ. For the Petitioner : Manish Tandon,Arvind Srivastava,W. H. Khan For the Respondent : A. S. G. I. ORDER Heard Sri W.H. Khan, learned Senior Advocate assisted by Sri Manish Tandon an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled Original Suit No. 835 of 2013 for permanent injunction for fresh elections being held against the respondents to this petition, (b) petitioner has made an application under Section 234 (1) read with Section 234 (4) of the Companies Act, 1956 for taking proceedings against the company under Section 626 of the Companies Act before the Registrar being Case No. 4032 of 2013 and the matter is being considered by the Registrar of the Company, as is apparent from the orders of the Registrar brought on record. Even otherwise, this Court finds that under sub-Section (1) (a) of Section 237 of the Companies Act, petitioner has the remedy of approaching the Central Government at the first instance for investigation of the affairs of the compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ching 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 provisions did not exist when the judgment in the matter of Alembic Glass Industries Ltd., Baroda (supra) was delivered. For the reasons recorded above, as also in view of the fact that the allegations made in the present writ petition are vague and general, they do not make a case for any investigation being directed by this Court. The present petition is dismissed and it is left open to the petitioner to approach the Central Government or the Tribunal if he so desire, with making specific case. The Tribunal/Central Government shall not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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