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2008 (1) TMI 624 - HIGH COURT OF CALCUTTARelief under section 633(2) of the Companies Act, 1956 - Held that:- It is true, that relief under section 633(2) of the Companies Act, 1956, is discretionary. No person can claim to be excused from liability as of right. We are, however, of the view that in the facts and circumstances of this case, discretion should have been exercised to excuse the Appellants from liability in respect of the sixth show-cause notice too. We are of the considered opinion that the learned Single Judge erred in not giving the same relief to the appellants with regard to the sixth show-cause notice. Consequently, the appeal is treated as on the day’s list and allowed, however, subject to payment of costs of ₹ 5,000 as has been imposed by the learned Single Judge. The application is accordingly disposed of
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