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1966 Supreme(SC) 147

A. K. SARKAR, R. S. BACHAWAT, M. HIDAYATULLAH, J. M. SHELAT, J. R. MUDHOLKAR
Barium Chemicals – Appellant
Versus
Company Law Board – Respondent


Advocates:
A.V.Velayudhan Nair, B.K.Garg, B.K.P.SHANKAR DAS, B.R.L.Iyengar, C.K.DAFTARY, C.RADHA KRISHAN, M.C.SETALVAD, R.H.Dhebar, S.C.AGRAWAL, S.MOHAN KUMARA MANGALAM

Judgment

MUDHOLKAR, J. (For self and Sarkar, C. J.) : On May 19, 1965, Mr. D. S. Dang Secretary of the Company Law Board issued an order on behalf of the Company Law Board made under S. 237 (b) of the Companies Act, 1956 appointing 4 persons as Inspectors for investigating the affairs of the Barium Chemicals Ltd., appellant No. 1 before us, since its incorporation in the year 1961 and to report to the Company Law Board inter alia "all the irregularities and contraventions in respect of the provisions of the Companies Act, 1956 or of any other law for the time being in force and the person or persons responsible for such irregularities and contraventions". The order was made by the Chairman of the Board, Mr. R. C. Dutt on behalf of the Board by virtue of the powers conferred on him by certain rules to which we shall refer later. On June 4, 1965 the Company preferred a writ petition under Art. 226 of the Constitution in the Punjab High Court for the issue of a writ of mandamus or other appropriate writ, direction or order quashing the order of the Board, dated May 19, 1965. The Managing Director, Mr. Balasubramanian joined in the petition as petitioner No. 2. The writ petition is dire

























































































































































































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