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2013 Supreme(Cal) 219

ANIRUDDHA BOSE
Birla Education Trust – Appellant
Versus
Birla Corporation – Respondent


Advocates appeared:
For the Appellants:S.K. Kapur, Sudipto Sarkar, S.N. Mookherjee, Sr. Advocates, Partha Sarathi Sengupta, Jishnu Saha, Ms. Moushumi Bhattacharya, Ravi Kapur, Rohit Deb, Siddhartha Datta, Utsav Mukherjeem, Bodhisatta Biswas, Advocates. For the Respondents:R1, Anindya Kumar Mitra, Pratap Chatterjee, Sr. Advocates, Malay Kumar Ghosh, Paritosh Sinha, Debangsu Basak, Manju Bhuteria, R2, R5 to R10, R36 to R37, P.C. Sen, Senior Advocate, Debanjan Mandal, Sanjiv Kumar Trivedi, Sourya Sadhan Bose, Soumya Ray Chowdhury, Deepnath Roy Chowdhury, Satadeep Bhattacharyya, R11 to R35, Ranjan Bachawat, Abhrajit Mitra, Anirban Ray, Jishnu Chowdhury, Sarvapriya Mukherjee, Sayan Roy Choudhury, Rajesh Upadhyay, Suddhasatva Banerjee, Sirsanya Bandhyopadhyay, Advocates.

JUDGMENT :-

Aniruddha Bose, J.

1. This appeal arises out of an order passed by the Company Law Board (CLB) presided over by its Chairman on 9th February, 2011. By the said order, the CLB has disposed of six interlocutory applications being C.A. Nos. 62, 97, 401, 606, 759 and 760 filed in connection with a petition registered as C.P. No. 1 of 2010 (the said petition).

This petition has been instituted by the appellants before the CLB alleging mismanagement of the affairs of the respondent No. 1, Birla Corporation Ltd.,(the company). In the said petition, oppression of the members of the said company by its present management has also been alleged. The appellant no. 1 is a charitable trust whereas the appellant nos. 2 to 6 are companies incorporated under the provisions of the Companies Act, 1956. The appellants, brought the said action of oppression and mismanagement before the CLB along with another group of shareholders who, it is claimed, have given written consent for institution of the said action. The appellants in combination with the said consenting shareholders hold more that 10% of the shares of total issued capital of the company.

2. The main relief prayed for in the said































































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