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1977 Supreme(SC) 367

D. A. DESAI, M. H. BEG, P. N. BHAGWATI
Cosmosteels Private LTD. – Appellant
Versus
Jairam Das Gupta – Respondent


Advocates:
A.K.SEN GUPTA, E.C.AGARWAL, J.B.DADACHAN, K.J.JOHN, NIREN DEY, R.P.BHATT, S.S.Khanduja, S.SAHNI, S.V.TAMBWEKAR, SHANKAR DAS GHOSH, Shri Narain

JUDGMENT

DESAI, J.:—This miscellaneous petition by interveners raises a short but interesting question in the field of Company Law.

2. Briefly stated, the facts leading to the present miscellaneous petition are that Company Petition No. 85 of 1975 was filed by Jairam Das Gupta and others (for short Gupta Group) in the Calcutta High Court under Ss. 397-398 of the Companies Act, 1956, complaining of oppression by the majority, and praying for various reliefs. Respondents in this petition were Cosmosteels Private Limited (for short the Company) and three others who would be referred to in this judgment as Jain Group. By an order made by the Company Judge on 21st April 1977 the Board of Directors of the Company was superseded and one Mr. Sachin Sinha, Advocate, was appointed as Administrator to discharge various functions set out in the order. The Court also appointed Mr. N. Chakraborty, a Chartered Accountant and Auditor to investigate into the accounts of the Company and one Mr. A. K. Dey, Engineer and Surveyor for valuation of the assets of the Company and further the Auditor and the Surveyor after investigation of the accounts and evaluation of the assets of the Company were to de
















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