(HONOURABLE MR.JUSTICE D.A.MEHTA)

Index

Sr. No. Contents Paragraph Nos.

FROM TO

1. Facts 01 06

2. Contentions:

(a) Appellants

(b) Opponents/Respondents

(c) Rejoinder

07 7.6

08 09

10 11

3. Reasoning 12 47

4. Summary 48

5. Conclusion 49 50

1. This group of appeals has been preferred challenging the judgment and order dated 09.07.2007 of the learned Single Judge (hereinafter referred to as 'the Company Court') dismissing Company Application No.489 of 2006 filed by the appellant of Appeal No.156 of 2007, and similar other matters.

2. It is an accepted position that the facts stated in Appeal No.156 of 2007 are similar to those involved in other appeals and the learned advocates appearing for the respective parties have treated O.J. Appeal No.156 of 2007 as the principal appeal. Hence, hereinafter reference to the facts shall be from the record of O.J. Appeal No.156 of 2007, unless specifically mentioned otherwise. The appellant has formulated the following 19 questions of law, stated to be arising out of the judgment of the Company Court:

âSQUESTIONS OF LAW:

i. Whether the Company Court has erred in adopting a completely erroneous procedure in the conduct of this application, particularly in im