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2016 Supreme(Kar) 415

N.KUMAR, ARAVIND KUMAR
C. Valli Narayan, W/o Late Mr. C. V. Narayan – Appellant
Versus
C. Vinod Hayagriv, S/o Mr. C. V. Hayagriv – Respondent


Advocates Appeared:
For the Complainant : Sriyuths Srinivasa Raghavan for Arun Kumar for M/s. Keystone Partners.
For the Accuseds : Sri Navkesh Batra for Sri Janekere C. Krishna, Smt. Gayathri Balu.

ORDER :

Mr. N. Kumar, J.

This contempt petition is filed complaining of disobedience of orders dated 23.09.2014 and 18.11.2014 passed by Company Law Board in Co.P. No. 54/2014.

2. By an order dated 23.09.2014 the Company Law Board granted an ad interim relief. The said order was continued until further orders by an order dated 18.11.2014. However, the relevant order for our purpose reads as under:

"The Respondents are hereby restrained from diverting the business if any of the respondent No. 1 company either directly or indirectly to respondent No. 10 or any other Company until 19.11.2014."

Complaining disobedience of this order, this petition is filed invoking the provisions of Contempt of Courts Act, 1971.

3. We have heard learned Counsel for the parties regarding maintainability of a contempt petition.

4. Learned Counsel for complainant contends in the Companies Act, 1956 there is no specific provision for proceeding against a person who had disobeyed the orders of the Board. However, Section 634A which provides for enforcement of orders of Company Law Board deals only with final orders. More over by the Companies (Second Amendment) Act 2002, said proviso has been made inapplicable. On

















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