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OJA/95/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
O.J.APPEAL
No. 95 of 2009
=========================================
RAGHUNANDAN
DYEING & PRINTING MILLS (P) LIMITED
Versus
SHREE
JAGDAMBA DYEING AND PRINTING MILLS PVT LTD AND OTHERS
=========================================Appearance
:
MR SN SOPARKAR,
SR. ADVOCATE with MS VAIBHAVI K PARIKH
for the Appellant
MR
NAVIN PAHWA for MRS SANGEETA N PAHWA for the Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 15/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
The
present appeal challenges the order dated 8.9.2009 made by Company
Law Board, Mumbai Bench, Mumbai. On perusal of the order, it appears
to the Court that the Company Law Board has not decided the issues
raised before it. We feel that the Company Law Board ought to have
decided the petition considering the pleadings and evidence on
record. In the circumstances, we deem it fit to set aside the order
dated 8.9.2009 passed by the Company Law Board and remand the matter
back to the Company Law Board. Regarding this order, the parties have
no objection. The parties are at liberty to submit further pleadings/
evidence if so desire. The Company Law Board is directed to hear and
decide the Company Petition No.74 of 2008 in accordance with law and
upon considering the evidence on record.
The
present appeal is accordingly disposed of with no order as to cost.
(BHAGWATI
PRASAD, J.)
(J.C.UPADHYAYA,
J.)
omkar
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