SARDAR SATWANT SINGH Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) TWO separate petitions under Section 633 of the Companies Act, 1956 (hereinafter referred to as the Act) were filed. Same were numbered as C.P. No. 49 of 1991 which was filed on behalf of three persons namely Satwant Singh. Harjit Kaur and M/s Pure Drinks and C.P. No. 50 of 1991 was filed by S. Ajit Singh, Managing Director of the said company for claiming the relief mentioned in Section 633 of the Act from prosecution in any proceedings criminally for the commission of any act of negligence, default, breach of duty, misfeasance or breach of trust.

(2.) BOTH these petitions were allowed by this Court on 18.2.1991. The detailed judgment was given in C.P. No. 50 of 1991. C.P. No. 49 of 1991 was allowed in terms of the orders passed in C.P.No. 50 of 1991. The operative part of the said judgment reads as under: -

(3.) NOTICE in this petition was issued in response to which reply has been filed. A preliminary objection has been taken that the Court had passed the order way back in September 1992 and the present petition was filed on 1.3.1993 and as such the order passed by this Court has become final as the same had not been challenged in appeal. This being the state of affairs, this Court could not recall/modify its own order. On merits, it was stated that the Court had passed the order being fully conscious of the fact that the company was being granted exemption in terms of Section 633 of the Act.