TMI Blog1981 (8) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... nerji, Advs. For the Respondent: Anindya Mitra and S.C. Ukil, Advs. ORDER 1. This is an application asking for admission of an appeal preferred from the order of Roy Chowdhury, J. refusing to stay proceedings under Sections 397 and 398 of the Companies Act, 1956 being Company petition No. 169 of 1981, Company Application No, 93 of 1981. The appellant's case is that the Suit No. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Company Court under Sections 397 and 398 of the Companies Act, 1956 it appears to us that in this case the causes of action in essence, in two matters, are different. There is a case of oppression against the minorities and mismanagement by the Guhas. Looked at from that point of view it appears to us that in this case it would be incorrect to say that the controversy in both the matters is i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 9 of the C. P. C. and not because of anything contained in the Companies Act. The Division Bench was further of the view that it would not be correct to say that the party concerned should first seek his remedy from the Company Court under Sections 155, 397 and 398 of the Act and then he could file a suit only if the Company Court refused to grant any relief. In an appropriate case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eoretical questions we have examined the reliefs that have been asked for in the 397 application in the instant case. The main relief seems to be on the ground of oppression and framing of a scheme and appointment of directors which is distinctly different from the relief asked for in the suit restraining some directors nominated by the Government from functioning. 4. In this view of the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appealed from and the order admitting the appeal will be included in the Paper Book. In case certified copies of the orders are not available within the time aforesaid, liberty is given to the appellant to file a supplementary Paper Book to include the certified copies of the orders, Department to issue certified copies of the orders expeditiously. 6. Costs of this application will be costs in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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