MADHUSUDAN MANDAL Vs. APPOSITE BENEFIT SOCIETY LTD

JUDGEMENT

(1.) This application has a hackneyed past. It may be stated here that the petitioner herein had filed an application under Sections 433/434 and 439 of the Companies Act, 1956 against the Apposite Benefit Society Ltd. (in short, the company) before Hon'ble Gauhati High Court seeking certain reliefs, so mentioned in the petition. The Company Petition No. 08 of 2015 was registered on the basis of such petition. In the aforesaid proceeding certain reliefs were sought for. They are as follows:-

(2.) On receipt of the proceeding, notice was ordered to be sent to the aforesaid company. However, during the pendency of said proceeding, to be precise, on 7th December, 2016, the Companies (Transfer of Pending Proceedings) Rules, 2016 (in short, the Rules of 2016) came to be notified. As required under Rule 5 of Rules, 2016, said proceeding was transferred to this Tribunal.

(3.) Since the present proceeding has a chequered history, I find it necessary to reproduce some of the orders, passed in this proceeding to acquaint oneself with the back ground of the present proceeding. In that connection, I find it necessary to reproduce the order dated 15th March, 2017 passed by this Tribunal. For ready reference, same is reproduced below: