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2007 Supreme(All) 1114

SUNIL AMBWANI
STARLINGER & CO. Ges. M. B. H. , VIENNA, AUSTRIA – Appellant
Versus
LOHIA STARLINGER LTD. , KANPUR, INDIA – Respondent


Advocates:
Counsel :
P. V. Kapoor, Dhruv Wahi, Saral Srivastava and Ms. Namrata Kapoor for the Petitioner; Ravi Kant, Ms. Bindu Saxena, Yatindra Shukla and Saurabh Srivastava for the Respondents.

JUDGMENT

Hon’ble Sunil Ambwani, J.—Heard Shri P.V. Kapoor, Sr. Advocate assisted by Shri Dhruv Wahi, Shri Saral Srivastava and Ms. Namrata Kapoor for STARLINGER & Co. Ges.m.b.H, Sonnenuhrgasse 4, A-1060 Vienna, Austria, the appellant and Shri Ravi Kant, Sr. Advocate assisted by Ms. Bindu Saxena, Shri Yatindra Shukla and Shri Saurabh Srivastava for M/s Lohia Starlinger Limited, D-3/A, Panki Industrial Estate, Kanpur and other respondents.

2. This appeal under Section 10F of the Companies Act, 1956 arises out of an order dated 12.12.2006 passed by the Company Law Board (CLB), Principal Bench, New Delhi in the Company Petition No. 62 of 2005, on a Company Application Nos. 365 & 324 of 2006 by which the CLB held that the issues raised by the application filed by the appellant are the matters to be decided on conclusion of main proceedings and permitted the respondent company to implement the decision taken in AGM dated 30.9.2006 relating to amendment of the objects clause of the Memorandum of Association with the stipulation that till the disposal of the petition it shall not commence any business other than automotive parts and electrical accessories as indicated in para 5 of its applic












































































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