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2015 Supreme(MP) 431

SUJOY PAUL
Anshul Gurha – Appellant
Versus
Green Tree Foods Private Limited – Respondent


Advocates Appeared:
For the Petitioner:Manoj Munshi and Amit Lahoti, Advocates.

JUDGMENT :

Sujoy Paul, J.

1. This appeal is filed under Section 10-F of the Companies Act, 1956 (for brevity, the 'Act') challenging the orders dated 2.9.2013 and 20.9.2013, passed by the Company Law Board (CLB), Mumbai in Company Petition No. 50/2012.

2. It is contended by the appellants that the respondents/petitioners filed a Contempt Petition No. 397/398 of the Act seeking certain reliefs. The present appellants filed their reply and raised a preliminary objection about maintainability of the petition. The appellants also filed an application under Regulation 44 of the Company Law Board Regulations, 1991 (for brevity, the 'Regulation') on maintainability of the petition. This application was registered as CA No. 206/2012. This application is filed as Annexure A/2. The Company Board in its proceedings dated 21.2.2013 recorded that "CA No. 206/2012 on maintainability of company petition mentioned by the respondents, petitioners to reply within two weeks thereafter. Adjourned to 2.4.2013 at 2.30 pm for argument on CA 206/2012." This order sheet is filed as Annexure A/3. The respondents/petitioners filed their reply to the said CA on 18.3.2013. Thereafter, the matter was taken up by C










































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