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P.K.MAJUMDAR, S.BALASUBRAMANIAN
Bakhtawar Construction Co. (P. ) Ltd. – Appellant
Versus
Blossom Breweries Ltd. – Respondent
The petitioners herein, in the petition filed under section 248/250 of the Companies Act, 1956 in the matter of Blossom Breweries Ltd., have sought that the CLB should direct the respondents herein to furnish various details regarding shares in the company. When the matter was taken up for hearing, Shri Sarkar appearing for the respondents raised the following preliminary objections with the prayer that order on the preliminary objections be issued before proceeding with the merits of the case. The objections raised by him are:
(1)No petition can be filed under section 248 inasmuch as this section deals with 'suo motu' powers of the CLB in a proceeding before it.
(2)Likewise, no petition can lie under section 250(1) inasmuch as this section deals only with interim relief and not final relief.
(3)No order can be passed against the company under section 248.
(4)Since section 248 deals with an alternate action to that of section 247, the conditions specified in that section should be satisfied before any order is passed under section 248.
(5)Since the petitioners have already withdrawn the petition under section 247/250 filed by them earlier, and since no independent petition lies un
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