JAIPUR INVESTMENT LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioners have prayed for the following reliefs: -

(2.) A preliminary objection has been raised by learned counsel appearing for the caveator, purportedly appearing for a Company, namely Jaipur Investment Limited, stating that Shri Gaurav Jain and Shri Gaurav Mathur, claiming to be the members of the Company, do not have any right to represent the Company, as they are neither shareholders of the company, nor are holding any position as Directors. It is further stated that the company has not authorized petitioner Nos.2 and 3, namely Shri Gaurav Jain and Shri Gaurav Mathur, to represent the Company. They are the owners of Plot Nos.S -4A, which has no concern with Plot Nos.S -4 and S -5.

(3.) IN order to verify whether Shri Gaurav Jain and Shri Gaurav Mathur, are the members of the Company, we asked learned counsel appearing for the petitioners to submit a proof thereof. He has relied upon an order of the Division Bench of this Court dated 21.03.1990, passed in D.B. Civil Special Appeal No.6/90, by which this Court had permitted Shri K.K. Jain, to make an application to the Company Law Board under Section 167 of the Companies Act, to call for a general meeting of the Company for the purposes of reviving the Company, which had been struck off from the register of the Registrar of the Company. We are informed by learned counsel appearing for the petitioners that no such permission was granted by the Company Law Board.