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1978 (9) TMI 131

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..... cision of the High Court. We may make it clear that the learned Additional Solicitor-General did assure the court that nothing which will stultify the two writ petitions before the High Court will be done by the Company Law Board or the Central Government. We hope the High Court will dispose of the case very expeditiously. - 1501 OF 1978 - - - Dated:- 12-9-1978 - V. R. KRISHNA IYER, D. A. DESAI AND A. P. SEN, JJ. Soli J. Sorabjee and Girish Chandra for the Appellant. S.T. Desai, B.P. Maheswari, Suresh Sethi, A.K. Sen and Vineet Kumar for the Respondent . ORDER Leave granted. An ad-interim order of stay passed by the High Court of Delhi has been challenged before us in this appeal. We should have hesitate .....

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..... Ghaziabad (U.P.) The Company Law Board direct further under sub-section (6) of sec tion 408 of the Act that Shri B. M. Kaul will act as chairman of the board of directors of the company." In accordance with the order passed by the Delhi High Court on 24th August, 1977, referred to hereinbefore the implementation of this order will be subject to any order that may be passed by the Delhi High Court in the matter pending before it. This order, which inducted seven additional directors was based on the ground that the affairs of the company in question "are being conducted in a manner which is prejudicial to the interests of the company and to public interest". The High Court, after hearing counsel on both sides passed a laconic order tha .....

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..... n. However, we find nothing stated in the order itself indicating why the High Court prima facie thought it necessary substantially to stay the operation of the Company Law Board's order of induction of seven persons as directors. Nor have we any light regarding the total eclipse of four directors and the partial eclipse of the other three. Unfortunately, the inscrutable face of a sphinx does not go well with the judicial process. Whatever might have been the basis of the High Court's order we do not make any comments thereon we are inclined to nullify the interim stay. Our inclination is explained by the prefatory observations we have earlier made in this order. To expatiate more may prejudice one side or the other. To indicate this muc .....

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