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TMI Blog2019 (9) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... ies. The said order was not challenged in any proceedings and to that extent has attained finality. The present impugned order has been passed only in furtherance to the said directions given on 28.02.2013. It is clear that the impugned order has been passed in appropriate exercise of the powers under Section 403 of the Companies Act. Passing directions regarding the employees of the Company is an interim arrangement regarding management of the affairs of the Company. There are no questions or issues raised in this appeal which would warrant exercise of powers of this court under Section 10 F of the Companies Act 1956. Appeal dismissed. - CO.A(SB) 33/2014 - - - Dated:- 7-8-2019 - MR. JAYANT NATH J. Appellant Through: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd learned counsel for the appellant. She has only submitted that the issue regarding the salary of the applicant i.e. respondent No.5 was not a dispute that would have gone into by the CLB. 6. On 28.2.2013 the CLB passed the following directions:- Having gone through the Company Application, Reply, Rejoinder and Arguments (Oral and Written), it is apprehended that there have been some problems in the Respondent Company in regard to the payment of salaries for the month of November and December, 2012. Further, the issue of shareholding of the Petitioner below 10% has also been raised though the Petitioners have claimed their shareholding as 27%. Secondly, the matter relating to appointment of Internal Auditor has also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 28.2.2013 certain directions were passed in the interest of the management of the respondent company. It was in those circumstances that directions were passed to the respondent company to release the salary of the applicant. 8. The powers of the Tribunal while dealing with an application under section 397 and 398 of the Companies Act, 1956 are given in section 402. Same reads as follows:- 402. Powers of Tribunal on application under section 397 or 398. Without prejudice to the generality of the powers of the Tribunal under section 397 or 398, any order under either section may provide for- (a) the regulation of the conduct of the company' s affairs in future; (b) the purchase of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le that provision should be made. 9. Interim direction can be given by the Tribunal under section 403 of the Companies Act which reads as follows:- 403. Interim order by Tribunal pending the making by it of a final order under section 397 or 398, as the case may be, Tribunal may, on the application of any party to the proceeding, make any interim order which it thinks fit for regulating the conduct of the company' s affairs, upon such terms and conditions as appear to it to be just and equitable. 10. The ambit of the powers of the CLB to grant interim relief under Section 403 of the Act was spelt out by a Coordinate Bench of this court in Sanjay Gambhir Ors. vs. D.D. Industries Ltd. Ors., 2013 (199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said order that the employees would have also to be paid their salaries. The said order was not challenged in any proceedings and to that extent has attained finality. The present impugned order has been passed only in furtherance to the said directions given on 28.02.2013. 12. It is clear that the impugned order has been passed in appropriate exercise of the powers under Section 403 of the Companies Act. Passing directions regarding the employees of the Company is an interim arrangement regarding management of the affairs of the Company. There are no questions or issues raised in this appeal which would warrant exercise of powers of this court under Section 10 F of the Companies Act 1956. 13. Appeal is accordingly dism ..... X X X X Extracts X X X X X X X X Extracts X X X X
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