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TMI Blog2008 (10) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be retained with the record. The appeal is treated as on day's list. It is under Section 10F of the Companies Act and is directed against the order dated 15.10.2008 passed by the Company Law Board (hereafter the Board) which is to the following effect : "Application mentioned. Counsel appearing for the Respondents seek time to file reply to the same by 25th October, 2008 and rejoinde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Company Law Board is of the opinion that the amendments prayed for should be allowed. There is no reference to any fact or the context in which the amendments were sought to be allowed. There is no mention of what grounds were urged in opposition and why such grounds were unmeritorious. The Tribunal need not have expended pages over the matter but it was necessary to indicate why the order c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exchange of affidavits stands modified as follows : An advance copy of the affidavit in opposition shall be served on the applicants by 2nd November, 2008; reply thereto, if any, may be filed by 4th November, 2008. Having regard to allegations and counter-allegations levelled by the parties in respect of factual events which transpired before the Board on 15.10.08 leading to the impugned order, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for stay stand disposed of. Parties shall, however, bear their own costs.
It is recorded that since no opportunity has been given to the appellants to counter the contents of the said supplementary affidavit, the allegations contained therein shall not be deemed to have been admitted by them.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings. X X X X Extracts X X X X X X X X Extracts X X X X
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