JUDGMENT :

Jayant Patel, J.

The main O.J. Appeal is directed against the judgment and order dated 10.12.2008 passed by the Company Law Board, Principal Bench, New Delhi [hereinafter referred to as 'CLB'] in Company Petition No. 79 of 2007 whereby the Board passed a detailed order, the operative portion of which reads as under:-

"13. There are allegations and counter allegations. Considering the allegations of siphoning off of funds by the petitioners which remain un-controverted, I hereby direct the R-1 Company to appoint an independent auditor to ascertain the amount siphoned off between the period 1.4.06 to 13.3.07, the amount so ascertained shall be deposited back by the petitioners into the account of the respondent company within two months of such audit. If the petitioners fail to deposit the ascertained amount within the prescribed period, the respondents shall be at liberty to buy the shares of the petitioners at the value to be ascertained by an independent valuer for the purpose to be appointed by the parties' consent.

14. Considering the facts and circumstances of this c