LAWS(SC)-2009-2-58

GOPIKA CHANDRABHUSHAN SARAN Vs. XLO INDIA LTD

Decided On February 13, 2009
GOPIKA CHANDRABHUSHAN SARAN Appellant
V/S
XLO INDIA LTD. Respondents

JUDGEMENT

(1.) Leave Granted.

(2.) The issue that arises for our consideration in the present appeal is with regard to the scope of and ambit of the provisions of Section 630 of the Companies Act, 1956 (hereinafter referred to as the "Act"), more specifically, as to whether the proceedings under the said provision would cover within its purview only the employee of the company or also the persons claiming a right through him or under him.

(3.) In order to answer the aforesaid issue it would be necessary to set out the facts leading to filing of the case in which the aforesaid issue was raised and came to be considered: