JUDGMENT - Desai, J.

(1) This is petition under article 226 of the constitution challenging the validity of an order of the central Government dated March 24, 1962, purported to have been passed under sub - section [4] of the section [4] of section 89 of the companies Act, 1956 [1 to 1956] [hereinafter referred to as the act]. The order that was passed is annexed as document No. 7 to the petition. The substance of the order is:

"............ in exercise of the powers conferred by sub section [4] of the section 89 of the said Act the Central Government hereby rescinds its Order No. 3[1] - C1. VI/57, dated 29-7-1957".

The previous order was passed also under sub section [4] of the section 89 of the act. That was an "exemption order" granting the petitioners Company an exemption form the requirements of sub - section [1], [2] and [3] of section 89.

(2) The fact lending to the filing of this petitioner are shortly as follows: The petitioners company is a joint stock company registered on May 5, 1947 under the India Companies Act, 1913 [VII of 1913]. The Memorandum of Association and the Articles of Association of the petitioner - company are annexed and document No.2 to the petition. It a

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