MURAT VINIYOG LTD Vs. BIJAY KUMAR KAJARIA

JUDGEMENT

(1.) Once again a dispute in a small business family has come to this Court by way of an appeal from an Order of the Company Law Board. The family involved is the Kajaria family. Some members of this family who are respondents in this appeal made an application to the Company Law Board under section 397 and 398 of the Companies Act, 1956, being C.P.No.18 (Kol) of 2009 complaining of oppression and mismanagement by some other members. The family concern involved was Murat Viniyog Ltd.

(2.) The appellant which was the first respondent filed an application before the Board, C.A. No. 503 of 2009 complaining that the petitioners before it did not have the requisite share qualification to maintain the action. On a very small point of procedure to be adopted to deal with that application an appeal came before me, filed by the appellant herein, being A.P.O.T 408 of 2010. I disposed of that appeal on 15th July 2010 by giving some directions to the Company Law Board to deal with the above application filed by the appellant.

(3.) The majority is aggrieved by this Order. THEir point of view is that since the minority does not have the locus standi to maintain the Section 397, 398 application before the Company Law Board, it cannot go into the merits of the dispute.