S.M. TELESYS LTD. Vs. ESQUIRE ELECTRONICS INC.

JUDGEMENT

(1.) INSTANT appeal has been filed under Section 10F of Companies Act, 1956 assailing interim order passed by Company Law Board dated 4 -6 -2007.

(2.) COMPANY petition has been filed by respondent herein under Sections 397 and 398 read with Sections 402 and 403 of Companies Act with regard to operation and mismanagement. Pending petition, company application was filed in which the Board after taking into consideration the material passed interim order on 4 -6 -2007. It has also come on record that in separate Company Application No. 177/07 further order was passed by Board on 11 -5 -2007 which was independently assailed by present appellant by Company Appeal No. 5/07 and which has been decided by this court on 27 -7 -2007 and the appellant was granted liberty to raise objections including jurisdiction of Company Law Board in passing interim order before the Board as such.

(3.) COUNSEL for appellant has raised certain objections about passing of interim order dated 4 -6 -2007. All objections are based on factual appreciation and he has an opportunity to file application for vacation/modification of interim order which has been assailed in the instant appeal under Section 10F of the Companies Act where appeal can be filed only against order where any question of law emerges for consideration.