JIWAN MEHTA Vs. EMMBROS METALS (P) LTD

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS petition is for review of order, dated 6th January, 2010, passed in Company Appeal No. 4 of 2007. The Court proceeded on the finding that the petitioner did not make a mention about the MOU in the petition filed before the Company Law Board. On the basis of that finding of fact, the matter was examined and the Court upheld the view taken by the Company Law Board in dismissing the petition filed by the petitioner under Sections 397, 398 and 402 of Companies Act.

(3.) WE are not impressed by this argument at all. The finding of fact recorded by the Division Bench is that no disclosure was made by the petitioner about the MOU in the petition filed before the Company Law Board. That finding of fact, in our opinion, is indisputable and, in fact, was the basis of preliminary objection raised by the respondents for dismissal of the petition filed before the Company Law Board. In the circumstances, this grievance of the petitioner does not commend to us.