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2013 (12) TMI 174 - HC - Companies LawMaintainability of Petition u/s 237 (a) (ii) of the Companies Act, 1956 or not – Held that:- Under Section 237(1) (a) of the Companies Act, petitioner has the remedy of approaching the Central Government at the first instance for investigation of the affairs of the company by an inspector to be appointed by the Central Government - The power of the Court to issue such a direction under Section 237 (a) (ii) of the Companies Act would arise only if the Central Government fails to take appropriate action. Relying upon Alembic Glass Industries Ltd., In re [1971 (8) TMI 124 - HIGH COURT OF GUJARAT ] - the Court may decline to exercise jurisdiction under Section 237 (a) (ii) of the Companies Act till the Central Government disposes of the matter pending before it under Section 237 (b) - allegations made are vague and general, they do not make a case for any investigation being directed by this Court - The petition is dismissed and it is left open to the petitioner to approach the Central Government or the Tribunal if he so desire, with making specific case – Decided against Petitioner.
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