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2005 Supreme(Cal) 562

INDIRA BANERJEE
Gouri Shankar Kayan – Appellant
Versus
East India Investment Co. Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appearing Parties:Abhrajit Mitra, Anindya Kumar Mitra, D. Basak, Jayanta Mitra, Jishnu Chowdhury, Moloy Ghosh, P.C. Sen, Ranjan Bachawat, S.N. Mukherjee, SanjibBanerjee, Subhojit Roy, Sudipto Sarkar, Advocates.

Judgment :-

(1) THIS appeal under section 10f of the Companies Act, 1956, is against an order dated 25th April, 2005 of the learned Company Law Board, in an application of the appellants under section 247 (1a) read with section 250 of the Companies Act, 1956, refusing to direct the Central Government to appoint an Inspector and/or Inspectors to investigate into the affairs of Birla Corporation, hereinafter referred to as the company, as regards the membership of the company and other matters relating to the company, for the purpose of ascertaining the true persons who are financially interested in the success or failure of the company or are controlling the company.

(2) THE appellants, who admittedly own less than 0. 16 per cent of the shares of the company, filed an application in the Company Law Board under section 247 (1a) read with section 250 of the Companies Act, inter alias praying for the following orders:

" (a) The relevant facts in relation to the shares in the company particularly the ones held by the respondent Nos. 1 to 28 be enquired into; (b) An investigation be directed on such terms and on such conditions as to this Humble Board may seem fit and proper for obtainin

















































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