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2009 (9) TMI 574 - HC - Companies LawWhether the Company Law Board can grant interim reliefs pertaining to matter/s which is/are not a part or subject matter of the petition, more so, in view of the decision of the Hon’ble Apex Court in Shanti Prasad Jain v. Kalinga Tubes Ltd. [1965 (1) TMI 17 - SUPREME COURT OF INDIA] and the decision of this Court in Shree Ram Urban Infrastructure case [2009 (7) TMI 787 - HIGH COURT OF BOMBAY]? Whether the Company Law Board under Regulation 44 of the Company Law Board Regulations, 1991, has the powers to extend time granted by this Court for a specific purpose or grant reliefs without assigning any reason where reliefs are neither prayed for nor any submissions are made in the company application in support of grant of such reliefs? Held that:- Both the questions of law raised in paragraph three above are answered in the negative.The impugned order dated 27-7-2009 passed by the Company Law Board is set aside. The Company Law Board shall hear application No. 95 of 2009 latest by 16-9-2009 and pass its reasoned order. Parties shall appear before the Company Law Board, on 14-9-2009 at 11.00 a.m. for fixing the date and time of hearing.The Company Law Board shall dispose of the company petition within six weeks from today. Parties are at liberty to move the Company Law Board on an ordinary copy of this order duly authenticated by the P.A. of this Court. Appeal allowed.
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