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2014 (2) TMI 1102 - HC - Companies LawRecall of order - Regulation of Caveat filings - writ petition for directions to be sought, inter alia, to the Company Law Board to frame regulations in respect of lodging caveats before that CLB as well as to this Court, to regulate filing of caveats, under Section 148-A of the Code of Civil Procedure - Held that:- Court without giving a notice to the caveator cannot be treated as a nullity. If a statute intends to demolish the ordinary powers of a Civil Court, it is well settled proposition of law that it can only be done by a direct piece of legislation enacted for that purpose and not by the effect of an indirect legislation as if it were by a side wind. The powers of a Civil Court are too sacrosanct to be allowed to be diluted or to be curtailed by a mere remote implication. I, therefore, hold that as there is no specific provision declaring any action taken by the Court contrary to its mandatory duty under Sub-section (3) to give a notice would be void, the order passed by the Court below on 30-10-1980 is not a nullity. In other words, il appears to me that the mere lodgement of a caveat would not deprive the Court of its power to pass an order even if the caveator was not informed of the dale of hearing of the matter. As the lodgement of a caveat is merely a right to be informed of the hearing date and it has no effect by way of curtailing the powers of a Civil Court to pass an appropriate order on the merits of the case - no reason to review or recall judgment dated 01.10.2013 - Decided against Petitioner.
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