KUTTANAD RUBBER CO LTD Vs. K T ITTIYAVIRAH

JUDGEMENT

(1.) An application by the Managing Director and two Directors of the Kuttanad Rubber Co. Ltd. for deciding the question of maintainability of the Company Petition filed under S.397 and 398 of the Companies Act.

(2.) The allegations in the Company Petition No. 9/91 are oppression and mismanagement. The Petition was filed on 13-3-1991 In the written statement filed by the Company, it is inter alia contended that the Petition is not maintainable.. Now the question of maintainability is sought to be decided as a preliminary issue.

(3.) The points raised are that the Petition does not satisfy the statutory requirements of S.399 of the companies Act, and that by the amendment of the Companies Act, the jurisdiction of this Court has been taken away.