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1986 Supreme(Bom) 336

S.W.PURANIK, G.G.LONEY
Hariganga Cement Ltd. – Appellant
Versus
Company Law Board, Govt. of India & another – Respondent


JUDGMENT - S.W. PURANIK, J.:---The petitioner M/s Hariganga Cement Limited is a public limited Company duly incorporated and registered under the Companies Act, 1956, and this petition by the said company is directed against the common order bearing reference No. 20/1/86. Cl-I dated 31-7-86, passed by the respondent No. 1 the Company Law Board, in a petition filed before it under section 250 read with sections 237 and 247 of the Companies Act, 1956 as well as a petition filed under sections 408 and 409 of the Companies Act, 1956. By the said impugned Order, the company Law Board has directed investigation into the affairs of the petitioner company (hereinafter referred to as 'the Company) under section 237 of the companies Act, while dismissing the application under section 408 and 409 of the Companies Act and partially allowing the application under section 237, 247, 250 of the Companies Act.

2. Brief facts leading to the present petition may be stated as follows :

" The petitioner-company was promoted for setting up a mini cement plant in Chandrapur District of Maharashtra State and was incorporated in March 1979. The plant has been set up and has gone into production from the end































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