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2009 Supreme(Mad) 3381

P.JYOTHIMANI
Probir Kumar Misra – Appellant
Versus
Ramani Ramaswamy & Others – Respondent


Advocates Appeared:
For the Petitioner:P.S. Raman, Senior Counsel, S. Mukundan, A.L. Somayajee, Sr. Counsel, Cibi Vishnu P. Arvind Datar, Sr. Counsel, P.H. Arvindh Pandian, S.N. Mookherji, Sr.Counsel, Anil Choudry, P. Valliappan, Advocates.
For the Respondents:Vedantham Srinivasan, Senior Counsel, K. Moorthy & S.R. Sundar, Advocates, Nalini Chidambaram, Senior Counsel, V. Raghavachari, Advocate, T.V. Ramanujun, Sr. Counsel, Sudipto Sarkar, Sr. Counsel.

Judgment :-

COMMON JUDGMENT:

These appeals are filed under Section 10F of the Companies Act, 1956 (for brevity, "the Act") by respondents 2 to 6 before the Company Law Board, Additional Principal Bench, Chennai against the order dated 25. 2009 passed in C.P.No.13 of 2008 filed by respondents 1 and 2 in all these appeals under Sections 397, 398 and 402 of the Act.

2. While C.A.No.11 of 2009 is filed by the fourth respondent before the Company Law Board, C.A.No.12 of 2009 is filed by the third respondent, C.A.No.13 of 2009 is filed by the fifth respondent, C.A.No.14 of 2009 is filed by the sixth respondent and C.A.No.15 of 2009 is filed by the second respondent.

3. For the purpose of brevity, the parties are referred to in this judgment as shown in the impugned order of the Company Law Board.

1. The petitioners before the Company Law Board, who are the professionals, promoted the first respondent-Company, viz., Creative Port Development Private Limited (CPDP), being subscribers to the Memorandum and Articles of Association and are stated to have originally had 100% of shares. The company, having been constituted with an object of development of sea ports, was incorporated on 2. 2006.





















































































































































































































































































































































































































































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