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TMI Blog2017 (1) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner’s application purporting to be one under Section 151, 152 CPC read with Regulations 44, 45, 46 before the Company Law Board cannot be said to entail merger of the order dated 10.03.2015 therein, for time beginning to run for filing an appeal qua the Company Law Board’s order dated 10.03.2015. The doctrine of merger applies to appeals not to application of varied kinds filed in respect of orders. For the aforesaid reasons, I am of the considered view that this appeal against order dated 10.03.2015 filed on 13.05.2016 is wholly beyond the prescribed limitation and cannot be entertained to that extent. Regulations 44 is in the nature of inherent power of the Company Law Board a la Section 151 CPC. It cannot possibly be argued that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity shareholders of the respondent no.1 Umang Boards Private Limited. By an interim order dated 10.03.2015 the Company Law Board held that the petitioners before it were not entitled to seek reliefs no. 1, 2, 5, 6, 7, 8 and 9 as set out in the company petition No.114 (ND)/2013 filed on 01.07.2015. The said reliefs were directed to be struck off. The petitioner then moved an application under Section 151/152 CPC read with Regulations 44, 45, 46 of the Company Law Board Regulations, 1991 (hereinafter the Regulations 1991 ). Vide order dated 04.03.2016, the said application was dismissed holding that it was in the nature of seeking review of the order dated 10.03.2015 and in absence of the power of review vested in the Company Law Board, cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the application purportedly filed under Section 151, 152 CPC read with Rules 44, 45, 46 of the Regulations of 1991 was in fact a mere camouflage for seeking a review of the order dated 10.03.2015. And such power of review did not vest in the Company Law Board. Mr. R.K. Salecha appearing for the appellant-company submitted that the order dated 10.03.2015 passed by the Company Law Board merged in the order dated 04.03.2016 when the application under Section 151 and 152 CPC read with Regulation 44, 45, 46 of 1991 was dismissed. He submitted that the cause of action for laying an appeal only then being available to the applicant, the appeal before this Court was filed on 13.05.2016, within the 60 days limitation period under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law. Appeal against the order of the Company Law Board passed on 10.03.2015 having been filed on 13.05.2016 it is barred by limitation as I am of the considered view that the order dated 04.03.2016 passed on petitioner s application purporting to be one under Section 151, 152 CPC read with Regulations 44, 45, 46 before the Company Law Board cannot be said to entail merger of the order dated 10.03.2015 therein, for time beginning to run for filing an appeal qua the Company Law Board s order dated 10.03.2015. The doctrine of merger applies to appeals not to applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order. Regulations 45 is confined to the Company Law Board making corrections of clerical or arithmetical mistakes or error arising from any accidental slip or omission. Regulations 46 allows the Company Law Board to amend any defect or error in any proceedings before it. It cannot at all be argued that the proceedings referred to under Regulations 46 includes an order of the Company Law Board. Aside of the aforesaid Regulations 27 of the Regulation of 1991 conferring the power of review on the Company Law Board was deleted by way of an amendment effective 14.05.1992. In the circumstances the application under Section 151, 152 CPC read with Regulation 44, 45, 46 seeking reconsideration of the order dated 10.03.2015 has therefore rightly b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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