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2012 Supreme(Del) 111

MANMOHAN
Ajay Paliwal – Appellant
Versus
Sanjay Paliwal – Respondent


Advocates appeared:
For the Appellants:Arun Kathpalia with Saurabh Kalia, Advocates.
For the Respondents:Jayant K. Mehta, Pankaj Batra for Registrar of Companies & Regional Director, Advocates.

Judgment :

MANMOHAN, J:

1. Present two appeals have been filed under Section 10F of the Companies Act, 1956 (for short ‘Act’) against the impugned order/judgment dated 31st May, 2007 passed by Company Law Board (for short ‘CLB’) in Co. Pet. 78/2005 filed by the respondents-petitioners therein.

2. The relevant facts of these two cases are that on 11th October, 1985, M/s. Paliwal Hotels Private Limited, the appellant No.1 company in Co.A(SB) 18/2007 was incorporated as a Private Limited Company with the Registrar of Companies, Delhi and Haryana. The Paliwal family comprising three brothers namely, Mr. J.K. Paliwal, Mr. N.K. Paliwal and Mr. B.K. Paliwal, owned this company. The chart showing the Paliwal family structure is reproduced herein below:-PALIWAL HOTELS PVT. LTD. TABLE

3. In September, 2005, a Company Petition under Sections 397 and 398 of the Act was filed before the CLB by the respondents No.1 and 2 namely, Mr. Sanjay Paliwal, son of Mr. B.K. Paliwal and Mr. J.K. Paliwal, father of Mr. Ajay Paliwal. The said petition was registered as Co. Pet. 78/2005.

4. Since the Paliwal family, on the date the petition was filed before the CLB was divided into two groups, the appellants’






















































































































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