9911796707
TMI Blog2017 (6) TMI 1368X X X X Extracts X X X X X X X X Extracts X X X X ..... s subsequent to the filing of the petition. It is also on record that the Competent Authority is yet to complete investigation to reach a final conclusion with regard to the status of the shares, i.e., whether or not the shares are falling within the purview of the benami property. Therefore, unless any final order is passed, to declare that the shares held by the Petitioner are falling within the purview of the benami property, the Petition cannot be thrown out on the ground that a provisional order for attachment of shares of the petitioner is passed by the Competent Authority. Considering the facts and circumstances involved in the case, as detailed in the petition, we are inclined to grant interim relief as prayed, and appoint Mr.S.S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws :- Pass appropriate orders, reliefs and directions to Respondent Nos. I and 3 to cooperated with the internal auditor appointed by the Board of Directors and to provide all necessary information, documents and records to enable a smooth conduct of audit and preparation of the report. 2. In this matter, at the first hearing dated 12.04.2017 the arguments were submitted by the Petitioner in relation to the admission of the petition and interim relief sought. The next date of hearing was fixed on 13.04.2017 when we have recorded in the order, we are not inclined to grant interim relief at this stage and the Counsel for the Respondent was directed to file a detailed counter in the Company Petition before the next date of hearing and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord that the Petition has been filed on 07.04.2017 and at that point of time, there was no legal bar as to filing of the Petition and the Petitioner fulfilled the requirements under section 244 of the Company's Act, 2013 as reflected from our order dated 13.04.2017. The order of attachment of shares of the petitioner and the issuance of notice to the Petitioner is dated, 19.05.2017 which is subsequent to the filing of the petition. It is also on record that the Competent Authority is yet to complete investigation to reach a final conclusion with regard to the status of the shares, i.e., whether or not the shares are falling within the purview of the benami property. Therefore, as per our understanding, unless any final order is passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Petitioner and Respondents are directed to co-operate with the Chartered Accountant and Company Secretary by making available the accounts, books and other records as may be required by the Chartered Accountant and the Company Secretary. Regarding the payment of remuneration to the Chartered Accountant and the Company Secretary, both are at liberty to fix their remuneration as per the practice in vogue. The payment of remuneration to them shall be borne by the Petitioner and Respondents equally. Accordingly, the relief as prayed is granted to the petitioner. 5. It is also on record that an application has been filed by the Counsel for R2. The Petitioner is directed to file the counter within two weeks and thereafter within ten days the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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