Delhi High Court High Court

Central Distillery Ltd. vs Union Of India And Anr. on 23 May, 1986

Delhi High Court
Central Distillery Ltd. vs Union Of India And Anr. on 23 May, 1986
Equivalent citations: 1987 (12) DRJ 27
Author: M Narain
Bench: M Narain


JUDGMENT

Mahinder Narain, J.

(1) The question in this writ petition is whether the guarantee commission which has been paid to the Directors is remuneration within the meaning of Companies Act, requiring prior permission of the “Central Government.

(2) It has already been held by Justice G.C. Jain in C.W.P. No. 77 of 1972 that the guarantee commission paid to the Directors is not remuneration.

(3) The question raised in the instant writ petition having already been decided by this court, the said question is no more res integra, this writ petition has therefore to be allowed.

(4) This petition (C.W. No. 1412/82) is accordingly allowed.

(5) No order as to costs.