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2014 Supreme(Del) 2571

SANJEEV SACHDEVA
Arun Dhawan – Appellant
Versus
Lokesh Dhawan – Respondent


Advocate Appeared:
For the Appellants:Suhail Dutt, Senior Advocate with Vikas Tiwari, Neeraj Gupta, Advocates.
For the Respondent:Ankit Sibal, Advocate.

Judgment

Sanjeev Sachdeva, J.

1. This appeal arises out of order dated 18.9.2013 of the Company Law Board whereby the Company Law Board while holding that the document, i.e., Resolution of Board of Directors dated 16.8.2010 filed by the Respondent (Petitioner in the Company Petition) was a forgery, refused to proceed further with the application filed by the Appellant (Respondent in the Company Petition) to initiate action and prosecute the Respondent for perjury and contempt. The Company Law Board dismissed the application relying on the judgment of the Supreme Court in IQBAL SINGH MARWAH V. MEENAKSHI MARWAH, 2005 (4) SCC 370 and held that Section 195(1)(b)(ii) CrPC was attracted only when the offences, enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in any court during the time the same was in custodial legis. The Company Law Board further relied on the judgment of the Supreme Court in case of SACHIDA NAND SINGH & ANR. VS. STATE OF BIHAR & ANR., 1998 (2) SCC 493 and held that it would be strained thinking that any offence involving forgery of a document if committed far outside the precincts of the Cour


















































































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