1. The Appellant – Union of India, represented by the Ministry of Corporate Affairs, through the Regional Director, Western Region, has filed the present Appeal under Section 10F of the Companies Act, 1956 (“the Act”) seeking to set aside the Order dated 28th March, 2013, passed by Respondent No. 1 –the Company Law Board, Mumbai Bench (“the CLB”), disposing of Company Petition No. 62 of 2009 under Sections 397, 398 and 402 of the Act, chiefly on the ground that notice under Section 400 of the Act was not served by the CLB on the Appellant.

2. The above Appeal was admitted on 11th June, 2013, and is now taken up for final hearing.

3. The following Questions of Law are framed for consideration in the present Appeal:

(a) Whether the Order passed by the CLB, Mumbai Bench, dated 28th March, 2013 is nonest, ex facie not valid and the entire proceedings in Company Petition No. 62 of 2009, stand vitiated since the notice of the Application/Petition made by the Original Petitioner (Respondent No. 2) to the CLB under Sections 397 and 398 of the Act was not served on the Central Government by the CLB itself under the provisions of Section 400 of the Act?

(b) Whether the CLB, whil