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2013 Supreme(Del) 1056

R.V.EASWAR
S. P. Gupta – Appellant
Versus
Packwell Manufacturers (Delhi) – Respondent


Advocates Appeared:
For the Petitioner:Sudhir Nandrajag, Sr. Adv. with Atul Sharma, Nitesh Jain, Sugam Seth, Ms. Sagriti Ahuja, Advocates.
For the Respondent:U.K. Chaudhary, Sr. Advocate with Shario Reyaz, Mohd Saif Abbasi, Advocates.

JUDGMENT

R.V. Easwar, J.

1. This is an appeal filed by one S.P. Gupta under Section 10F of the Companies Act, 1956 (hereinafter referred to as “the Act”). It is directed against the order passed by the Company Law Board (“CLB”, for short) on 26.04.2013 in Company Application No.156/2013 [in CO. PET. No.1 (ND)/2010]. The contesting respondents are: (i) M/s. Packwell Manufacturers (Delhi) Pvt. Ltd.(R-1); (ii) Mrs. Rajni Gupta, W/o. Late Mr. B.C. Gupta (R-2) and (iii) Ms. Gudiya Gupta, D/o. Late Mr. B.C. Gupta (R3).

2. The appeal came to be filed in the following circumstances. Respondent No.1 is a company incorporated on 13.03.1970 with an authorised share capital of Rs.15 lakhs. The appellant and respondent No.2 were the promoter directors of the respondent-company. M/s. Vinod Sanjeev Bindal & Co. Chartgred Accountants, were appointed the statutory auditors of respondent No.1 in 1980’s. It would appear that the appellant was removed from the Board of Directors on 20.06.2009 under Section 283(1)(g) of the Act; earlier on 18.11.2008, respondent No.3 had been appointed as director of respondent No.1, allegedly without any meeting of the Board of Directors. Since differences between the















































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