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TMI Blog2013 (12) TMI 1754X X X X Extracts X X X X X X X X Extracts X X X X ..... as a last chance, to enable him to produce either of the two documents, viz. payment receipt from LIC or order of attachment having been vacated by the Court. The matter was listed on 2nd December, 2013 and on that day, again, learned advocate, Mr. Uday Joshi, for M/s. Trivedi & Gupta was granted time upto 16th December, 2013. Today, when the matter is called out, learned advocate, Mr. Joshi, repeats and renews his request for more time saying that the matter is very old and he is not able to get any paper in support of his case pleaded in Company Petition No.22 of 2012. 2. It is really painful that Company Law Board without being mindful of the fact that the petitioner before the Company Law Board has approached the Company Law Board wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for the properties of Presidency Life Insurance Company. Pursuant to such takeover of Presidency Life Insurance Company by LIC, it was found that some securities could not be accounted for, owing to which the Custodian instituted a suit being Misc. Petition No.222 of 1956, before the Hon'ble High Court of Bombay. 10. The Custodian passed an order attaching the entire estate of the said Mr. Nandvadan J. Gor and his family members viz. Sarlaben N.Gor (Wife), Shirish Chandra N Gor (Son) and Anila Shroff @ Anila Sinha (daughter). Even the shares held by the aforesaid persons in the Respondent No.1 Company, were attached. 11. In December, 1956, Mr. Nandvandan J Gor died intestate leaving behind his wife, Shirish Chandra N. Gor (son) and Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court is not able to accept that a person will make payment of Rs. 31,19,100/- to LIC and will not obtain the receipt of such payment. The Court is also not ready to believe that the person will not have in his custody the papers relating to vacating of attachment after the amount is paid to LIC. In absence of any such document produced, it was warranted that the Company Law Board shall pass the order impugned in this appeal. 10. Learned senior advocate, Mr. Soparkar, invited the attention of the Court to interesting aspect that the prayer in this Company Petition was as under: (H) In a view of the facts and circumstances of the case, the petitioner most respectfully prayed that this Hon'ble Board be pleased to grant the following relie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iginal petitioner, respondent herein, before the Company Law Board was desirous of obtaining such order, the original petitioner, respondent herein ought to have produced convincing documents before the Company Law Board so that the Company Law Board can pass such order. 15. The order is found without authority of law and the same is quashed and set aside. 16. At the request of Mr. Uday Joshi, it is clarified that allowing of this appeal and quashing of the order passed in Company Petition No.22 of 2012 will not preclude the original petitioner, respondent herein from approaching the Company Law Board afresh after he is able to obtain the necessary documents to substantiate his case. 17. Present appeal is allowed. Civil Application No.4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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