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S.BALASUBRAMANIAN
Aska Investments (P. ) Ltd. – Appellant
Versus
Grab Tea Co. Ltd. – Respondent


Advocates Appeared:
C.K. Jain, S. Mitra, R.R. Sen,Sudipto Sarkar, R. Banerjee, A.N. Jhunjhunwala, S.N. Mookherjee

ORDER

1. In this order, I am considering three petitions, CP 72 of 2000 filed under sections 397/398, CP 5(111A)ERB/2000 filed under section 111A and CP 46 of 2001 filed under section 543/544 of the Companies Act (the Act) as all these petitions were heard together.

2. The petitioners claiming to hold 14.12% shares along with those who have given their consent have filed the petition CP 72/2000 under section 397/398 of the Companies Act, 1956 (the Act) with the main allegation that the respondent directors managing the affairs of M/s. Grab Tea Company Limited (the company) are guilty of siphoning off the funds of the company to a tune of more than Rs. 1 crore. According to them, the Income-tax Authorities conducted a search and seizure operation and ordered a block assessment for 10 years as a result of which the company became liable to pay Rs. 66.28 lacs as tax towards undisclosed income and therefore, the undisclosed amount should have been more than Rs. 1 crore and this amount should have been siphoned off by the respondent directors. This is the main allegation in the petition.

3. The respondents have raised a preliminary objections on the maintainability of this petition in ter

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