LAWS(CL)-2011-7-2

PRADIP KUMAR GHATAK Vs. ASANSOL CLUB LTD.

Decided On July 29, 2011
Pradip Kumar Ghatak and Another Appellant
V/S
Asansol Club Ltd. and Another Respondents

JUDGEMENT

(1.) THE petitioners moved this petition against the respondents under section 186 of the Companies Act, 1956 read with 44 of Company Law Board Regulations, 1991, seeking reliefs as follows :

(2.) FOR the sake of brevity, the Companies Act, 1956 is hereby referred as "the Act" and the respondent -company is referred as "the Club".

(3.) LEARNED counsel, Mr. Jishnu Saha, appeared on behalf of the respondents, submitted that this petition is not maintainable and liable to be dismissed as misconceived for having the facts and reliefs pleaded in this case not disclosed any material to invoke jurisdiction under section 186 of the Act. He has not even filed any reply to this petition saying that this petition need not be dealt with any reply as because there is no cause of action to raise this litigation under the aforesaid section of the Act.