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2008 (1) TMI 628 - HIGH COURT OF DELHIWhether the complaint makes out even a prima facie case of an offence under section 58A(9) of the Act against petitioner Nos. 1 to 10? - Held that:- This Court holds that the scheme as directed by the Company Law Board stood merged in the scheme of rearrangement as approved by this Court on 29-10-2003. Thereafter it has been acted upon by the parties. Consequently, the petitioners here could not be held even to have prima facie contravened section 58A(9) of the Act for not complying with the order of the Company Law Board. The petitioners are entitled to succeed on this ground itself. It is, therefore, not necessary to examine if the petitioners are otherwise entitled to be discharged on the ground that the complaint does not contain specific allegations in regard to the role played by each of them. For the aforesaid reasons, the petition is allowed. The summoning order dated 25-4-2003, passed by the learned Metropolitan Magistrate is hereby set aside. Petitioner Nos. 1 to 10 hereby stand discharged and vis-a-vis them the Complaint Company Case No. 349 of 2003 titled Vinay Bharat Ram (supra) stands hereby quashed.
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