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TMI Blog2013 (12) TMI 1654X X X X Extracts X X X X X X X X Extracts X X X X ..... ench for initiation of investigation by the Central Government as laid under section 237 of the Companies Act. Initially this petitioner asked for issuing notices to the patties, on hearing the submissions of the petitioner, notice was issued to the respondents on 01.11.2013; thereafter he filed another CA 137/2013 for deletion of the Respondents 1 to 43 in this CP stating that the matter need not be heard from the respondents against whom opinion has been sought. Since no objection has come from those respondents from being deleted from CP 130/2013, and there being an application from these respondents for deletion of them from this CPI this Bench has deleted R-1 to 43 from this petition on 02.12.2013. The petitioner has filed several a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s contemplated under the Companies Act 1956. Since there being no analogous provision under the Companies Act conferring right upon CLB to pass such orders, I am of the view the ratio decided in it is not applicable to this case. There are subsections (a) and (b) under Section 237 of the Act, sub section (a) is not relevant, because it is a provision conferring power upon Central Government to appoint inspectors to investigate the affairs of the company either on special resolution from the company or on court order. As to subsection (b) is concerned, the central Government may initiate investigation if this Bench is of the opinion (i)that the business of the company is being conducted with intent to defraud its creditors, members or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a bar to decide it on maintainability, moreover now the indicted parties were deleted at the insistence of the petitioner, especially in this new situation, this Bench must be more careful to pass orders. If we see the status of the petitioners, they are not the Members, not the creditors, nor any other persons affected by the affairs of Connaught Plaza Restaurant Pvt. Ltd. Since he has some issues with the petitioner Vikram Bhakshi in Connaught Plaza Restaurant Pvt. Ltd., it is understandable, he wants some orders passed against Mr Vikram Bhakshi, petitioner in Connaught Plaza Pvt. Ltd. For which, he files one or other application against him. In this company petition, this petitioner filed as many as 15 applications and insists upon th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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