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2007 (8) TMI 467 - HC - Companies LawOppression and mismanagement - Held that:- There is no case made out by the respondent to exercise any equitable jurisdiction to grant such relief. This is not the case where the parties were fighting litigation for the years, on the contrary, in this case at the relevant time, the petitioner who was fully aware all the transactions and affairs of the company, as her husband was a Chartered Accountant of the company, who in fact dealt with all alleged basic financial matters of the company cannot claim the equity or such reliefs. There is no case of oppression and mismanagement or winding up of the company on any unjust or equitable ground to bring the case under any of section 397 or 398 and/or even 402 of the Companies Act. Thus in view of the reasoning, in the facts and circumstances of the case and as already observed the impugned order and specially the operative part is perverse and unsustainable. Appeal allowed.
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