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2013 (6) TMI 181 - HC - Companies LawDemerger - order was passed on 8th May, 2007 restraining the appellant from making any representation in the name or on behalf of the company. - Contempt application - The consistent case is that the signatures were forged. - held that:- Having considered the submissions of the parties the application filed by the respondents was under Regulations 44 and 47 of the 1991 Regulation and although the application was not treated under Regulation 47 but the same was treated under Regulation 44 of the 1991 Regulation and order passed on 5.2.2009. An interim order was passed on 8.5.2007 whereby the MKA group was restrained from representing the Company. During the subsistence of the said order the letter was issued and therefore the CLB was entitled to pass the said order. Admittedly the said order was passed after giving an opportunity of hearing to the parties, but while passing the order no reason has been recorded and it is only for non-recording of reason the same is set-aside - This will however not prevent the Tribunal if so entitled to pass an order after hearing the parties and passing a reasoned order. In fact the order passed is an interim order and after filing of affidavits the application be disposed off in accordance with law.
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