DSS ENTERPRISES PRIVATE LTD Vs. BHARTI MOBINET LIMITED

JUDGEMENT

(1.) The Appellant, DSS Enterprises Private Ltd. (hereinafter referred to as DSS) is aggrieved by orders dated 29th July 2003 and 7th May 2004 passed by the learned Company Judge in C.P. No. 167 of 2003.

(2.) The facts of the case, as presented to us, appeared somewhat complicated necessitating a hearing of the appeal on several dates, that is, 10th, 14th, 15th, 21st, 22nd and 23rd February, 2005 when judgement was reserved. However, on reflection we find the issue raised is rather undemanding, though compounded by large stakes and complicated by an extremely voluminous reply with affidavit and annexures running into over 1200 pages.

(3.) The trigger is the sanctioning of a Scheme of Arrangement between Bharti Telenet Ltd., Bharti Mobinet Ltd. and Bharti Cellular Ltd. by the learned Company Judge by an order dated 29th July 2003. According to DSS, sanction was obtained without disclosing all material facts to the learned Judge, thereby playing a fraud upon the Court. DSS says that this was later brought to the notice of the learned Judge by means of an application dated 4th August 2003 being C.A. (M) No.41 of 2003, but unfortunately that application was dismissed by the impugned order dated 7th May 2004.