LAWS(CAL)-2013-1-4

SAJJAN KUMAR AGARWALA Vs. JATIA COTTON MILLS LTD

Decided On January 03, 2013
Sajjan Kumar Agarwala Appellant
V/S
Jatia Cotton Mills Ltd Respondents

JUDGEMENT

(1.) THE Court : No question of law is involved in any of these three attempts under Section 10F of the Companies Act, 1956 to assail interim orders passed by the Company Law Board. For a start, the regular visits to High Courts from interim orders passed by the Company Law Board should be discouraged since Section 10F does not contemplate such a situation. It has now become fashionable for the relevant High Court to be treated as the regular appellate forum or the revisional forum from even orders of adjournment passed by the Company Law Board.

(2.) THERE are two petitions before the Company Law Board, inter alia, under Sections 397 and 398 of the Companies Act, 1956. The Company Law Board took on record a settlement without notice to some of the persons who were interested.

(3.) THE two other petitions are equally unmeritorious, kite-flying exercises that may enure well for the profession but are unworthy of any protracted consideration.