LAWS(BOM)-2013-8-204

UNION OF INDIA Vs. COMPANY LAW BOARD MUMBAI

Decided On August 13, 2013
UNION OF INDIA Appellant
V/S
Company Law Board Mumbai Respondents

JUDGEMENT

(1.) The appellant--Union of India, represented by the Ministry of Corporate Affairs, through the Regional Director, Western Region, has filed the present appeal under section 10F of the Companies Act, 1956 ("the Act") seeking to set aside the order dated March 28, 2013, passed by respondent No. 1--the Company Law Board, Mumbai Bench, disposing of Company Petition No. 62 of 2009 under sections 397, 398 and 402 of the Act, chiefly on the ground that notice under section 400 of the Act was not served by the Company Law Board on the appellant. The above appeal was admitted on June 11, 2013 and is now taken up for final hearing.

(2.) The following questions of law are framed for consideration in the present appeal :

(3.) The relevant facts in brief are as set out hereunder :