S. Balasubramanian, Vice Chairman.—This petition filed on 20-1-1998 under section 111 of the Companies Act, 1956 (‘the Act’) seeking rectification of the register of members of Basubani (P.) Ltd. (‘the company’) was dismissed by this Board by an order dated 31-7-1998 on the grounds of limitation and pendency of a suit on identical issues filed period in time. This order was taken on an appeal to the Calcutta High Court, which, while setting aside the order of this Board dated 31-7-1998, remitted the case back to this Board for re-deciding the petition in the light of the observations contained in its judgment. Accordingly, the petitioners moved an application to this bench for re-hearing the matter. When the application was taken up for hearing, the respondents pointed out that they had moved the Supreme Court with a special leave petition challenging the order of the Calcutta High Court and prayed for deferring the hearing of the petition. The Supreme Court disposed of the Special Leave Petition in the following terms :

"Leave granted. Heard learned counsel appearing for the parties. After hearing for sometime and on perusal of the documents and judgment, we are of the opinion