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2013 (2) TMI 366 - HC - Companies LawDisputes arose between the family members led to the filing of Company Petition - VKS Group is aggrieved by the impugned order of CLB inasmuch as it has not granted them the relief of payment of salary till 15th July 2011, i.e, the date on which they ceased to be the shareholders in TOCL and TAIL - as against over Rs.1.12 crores claimed by the VKS Group the CLB has directed the BKS Group to pay the two Directors only Rs.50 lakhs - Held that:- By order passed at the instance of BKS Group, the CLB has held that nothing is payable by either group to the other. Both the BKS and the VKS Groups appear to have accepted the said order as neither has challenged it. The order dated 16th September 2011 passed by the CLB should be held to have merged with the subsequent order dated 18th October 2011. The BKS Group at the stage of filing the application for clarification did not question the order dated 16th September 2011 to the extent it required them to pay the VKS Group Rs. 50 lakhs. The BKS Group only sought a clarification that in view of the liability of the VKS Group to pay it a like sum, the BKS Group owed nothing to the VKS Group. Therefore, having invited the order dated 18th October 2011 of the CLB on its application, and not questioning the said order, the BKS Group is estopped from challenging the order dated 16th September 2011 which has merged with the subsequent order dated 18th October 2011 of the CLB. As far as VKS Group is concerned, it is in a position where it has to pay nothing to the BKS Group as a result of the order dated 18th October 2011 which it has accepted. It has also thereby implicitly accepted that it owes the BKS Group Rs. 50 lakhs. It has thereby accepted that after adjustment of the said sum, the BKS Group owes the VKS Group nothing. Thus with the order dated 18th October 2011 of the CLB attaining finality, the challenge by both the VKS and BKS Groups to the impugned order dated 16th September 2011 of the CLB has been rendered infructuous. Both groups have accepted that neither owes the other anything after the order dated 18th October 2011 of the CLB. Consequently, there is no necessity for the Court to examine the correctness of the impugned order dated 16th September 2011 of the CLB.
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