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1978 Supreme(SC) 259

A.P.SEN, D.A.DESAI, V.R.KRISHNA IYER
Union Of India – Appellant
Versus
Swadeshi Cotton Mills Company LTD. – Respondent


Advocates:
A.K.SEN GUPTA, B.P.MAHESHVARI, GIRISH CHANDRA, S.T.DESAI, SOLI J.SORABJI, Suresh Sethi, VINIT KUMAR

JUDGMENT

ORDER:— Leave granted.

2. An ad interim order of stay passed by the High Court of Delhi has been challenged before us in this appeal. We should have hesitated to interfere with an interlocutory order following the usual practice in this Court. But, where repercussions are incalculable and the basis of the direction, though interlocutory, is obsecure, the ends of justice dominate and we may interfere if public interest so dictates.

3. Here is an order of the Company Law Board under Sec. 408 (1) of the Companies Act, 1956, which gives a wealth of facts and a variety of reasons to support an ultimate direction which runs thus:

"Since all the three conditions referred to in sub-sec. (1) of Sec. 408 of the Companies Act, 1956, are established on the facts and circumstances of the case, the Company Law Board hereby appoint officers for three years, in addition to the existing directors of the company:-

1. Shri B.N. Kaul Member, Railway Board (Retd.) 5-3-4 Jawahar Nagar, Jaipur.

2. Shri A. K. Mazumdar, Chief Secretary, Orissa Govt. (Retd.) 26/2, Dover Road, Apartment No. 4, Calcutta-19.

3. Shri P.K. Choksi, Senior Partner, Price Waterhouse Pest & Co., B-4 Gillander House, Calcutta-1.

4.












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