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2015 Supreme(Mad) 2967

PUSHPA SATHYANARAYANA
Mekuba Petroleum India Private Limited – Appellant
Versus
Wynn's Mekuba India Private Limited – Respondent


Advocates:
Advocate Appeared:
For Appellants : Mr. A.K. Mylsamy for M/s A.K. Mylsamy Associates
For Respondents: Mr. T.K. Seshadri, SC for Mr. T.K. Bhaskar

JUDGMENT :

These are appeals filed under Section 10F of the Companies Act, 1956, challenging the common order passed by the Company Law Board in interim applications, viz., C.A. Nos.3 and 4 of 2014 respectively, in C.P. No. 15 of 2008, instituted under Sections 397 and 398 of the Companies Act, 1956.

2. For the sake of convenience and for easy reference, the parties are hitherto described as per their ranking in Company Petition No. 15 of 2008.

3. Heard Mr. A.K. Mylsamy, learned Senior Counsel for the appellants and Mr. T.K. Seshadri, learned Senior Counsel appearing for the second respondent and perused the records.

4. The first petitioner Mekuba Petroleum India Private Limited [hereinafter, referred to as ‘Mekuba’], represented by its shareholders and directors, having an authorized capital of Rs.50 Lakhs consisting of 50,000 equity shares of Rs.100/-each, entered into a Foreign Collaboration Agreement on 02.6.1997 with the respondents 2 and 6, viz., Wynn’s Belgium NV and one Paul Middel from Dubai respectively, agreeing to incorporate the first respondent company Wynn’s Mekuba India Private Limited [hitherto called 'Company'] and accordingly, it was incorporated on 24.6.1997 in a






























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