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2013 Supreme(Bom) 546

S.J.KATHAWALLA
Rajeev Kapur – Appellant
Versus
Grentex & Company Private Limited – Respondent


Advocates appeared:
For the Appellants:N.H. Seervai, Senior Advocate, along with Rahul Chitnis, I.J. Nankani, instructed by M/s. Nankani & Associates, Advocates.
For the Respondents:R2 & R5, E.P. Bharucha, Senior Advocate, along with Snehal Shah, instructed by M/s. Wadia Ghandy & Co., R3 & R4, S.U. Kamdar, Senior Advocate, with Ms. Pooja Patil, instructed by M/s. Navdeep Vora & Associates, R9, Sanjay Jain, instructed by M/s. L.J. Law, Advocates.

Judgment

1. The above Appeal is filed under Section 10F of the Companies Act, 1956 (“the Act”). By the above Appeal, the Appellants have impugned the order passed by the Company Law Board, Mumbai Bench (“CLB”) dated 30th January 2010 dismissing Company Petition No. 112 of 2008 which was filed by the Appellants (Original Petitioners) against the Respondents on the ground of oppression of the Appellants who are the minority shareholders of Respondent No.1 Company and mismanagement of the Respondent Company.

2. The Appellants have submitted that the following important questions of law require determination by this Court.

(1) Whether in a family Company, where there are essentially two groups of shareholders, and two Directors, and when admittedly there is deadlock with regard to the conduct of the business of the Company, the CLB ought to have granted reliefs so as to put an end to the oppression and mismanagement?

(2) Whether in a family Company, where all the other Directors and Shareholders received salaries and allowances from the Company, the nonpayment of salary to one Director and nonpayment of allowances to the Shareholders, so also to the Group Company's staff working for t






































































































































































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