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2009 Supreme(SC) 772

ARIJIT PASAYAT, V.S.SIRPURKAR, ASOK KUMAR GANGULY
Pranab Kumar Pal – Appellant
Versus
LTZ. Investment Pvt. Ltd. – Respondent


Judgment :

Dr. Arijti Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court. By the impugned Judgment the High Court held as follows:

"1. In respect of this contract awarded by Tui-Nordic to Across India, Across India shall file its statement of account every month giving the income/receipts and expenditure on the said project.

(2) It shall also give every three months, statement indicating the progress in the said project

(3) Across-India and/or Mr. Pal shall jointly and severally furnish security of Rs.2.85 crores with the CLB to its satisfaction, so that in the event the petition succeeds and it is held that these appellants have made unlawful gains at the cost of the company, the company is able to recover the said loss without any further process. In such form such a security is to be given is to be decided by the CLB.

(4) CLB would be entitled to put the appellant to such other similar terms, as it thinks fit, in order to protect the rights of the respondents herein."

3. By order dated 23.1.2006 certain clarifications were made.

4. Factual position as highlighted by the appellant is as follows:

The Re









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