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18 & 19
% 01.06.2011
Present: Ms. Pinky Anand, Senior Advocate with Mr. Sanjeev Kumar, Mr. Ashish Prasad and Ms. Natasha Sahrawat, Advocates for appellant.
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Mr. Akhil Sibal, Advocate with Ms. Malini Sud, Mr. Shobhit
Chandra, Mr. Salim Inamdar and Mr. Salil Seth, Advocates for respondents.
Caveat Nos. 517-518/2011 in Co. Appl. (SB) 34/2011
(Ms. Sharmilee Chopra vs.. M/s. Proform Interiors Pvt. Ltd.)
Since the caveator has already put in appearance, the present caveat petitions stand disposed of.
Co. Appl. 1013/2011 in Co. Appl. (SB) 34/2011
Co. Appl. 1014/2011 in Co. Appl. (SB) 35/2011
(Ms. Sharmilee Chopra vs. M/s. Proform Interiors Pvt. Ltd.)
Allowed, subject to al: just exceptions.
Accordingly, applications stand disposed of.
Co. Appl. (SB) 34/2011
Co. Appl. (SB) 35/2011
(Ms. Sharmilee Chopra vs. M/s. Proform Interiors Pvt. Ltd.)
This Comi on perusal ofthe file was perturbed by the fact that a
Member of the Company Law Board (in short 'CLB') in the midst of the final hearing had recused herself and released the matters.
Co.A(SB) Nos.34/2011 & 35/2011 page 1 of3.
2011:DHC:14308
% 01.06.2011
Present: Ms. Pinky Anand, Senior Advocate with Mr. Sanjeev Kumar, Mr. Ashish Prasad and Ms. Natasha Sahrawat, Advocates for appellant.
+
+
+
*
+
+
*
Mr. Akhil Sibal, Advocate with Ms. Malini Sud, Mr. Shobhit
Chandra, Mr. Salim Inamdar and Mr. Salil Seth, Advocates for respondents.
Caveat Nos. 517-518/2011 in Co. Appl. (SB) 34/2011
(Ms. Sharmilee Chopra vs.. M/s. Proform Interiors Pvt. Ltd.)
Since the caveator has already put in appearance, the present caveat petitions stand disposed of.
Co. Appl. 1013/2011 in Co. Appl. (SB) 34/2011
Co. Appl. 1014/2011 in Co. Appl. (SB) 35/2011
(Ms. Sharmilee Chopra vs. M/s. Proform Interiors Pvt. Ltd.)
Allowed, subject to al: just exceptions.
Accordingly, applications stand disposed of.
Co. Appl. (SB) 34/2011
Co. Appl. (SB) 35/2011
(Ms. Sharmilee Chopra vs. M/s. Proform Interiors Pvt. Ltd.)
This Comi on perusal ofthe file was perturbed by the fact that a
Member of the Company Law Board (in short 'CLB') in the midst of the final hearing had recused herself and released the matters.
Co.A(SB) Nos.34/2011 & 35/2011 page 1 of3.
2011:DHC:14308
After some deliberations, present appeals are disposed of with the consent ofparties:-
(i) The CLB Member who was in seisin of the proceedings would continue with the final hearing. For this purpose, list the matter before the same CLB Member on osth July, 2011 at 2:30p.m.
(ii) Any additional affidavit/document which the appellant wishes to rely upon shall be filed within a period of one week. Similarly, respondents are also given liberty to file reply affidavit as well as any additional documents that they wish to rely upon within a further period of one week. All the documents/affidavits placed on record by the parties would be taken into account by the CLB while passing the final order.
(iii) The direction to produce document on 13th May, 2011 shall be reconsidered by the CLB after hearing the appellant. The CLB is at liberty to pass any order after hearing both the parties.
Co.A(SB) Nos. 34/2011 & 35/2011 page 2 of3.
(i) The CLB Member who was in seisin of the proceedings would continue with the final hearing. For this purpose, list the matter before the same CLB Member on osth July, 2011 at 2:30p.m.
(ii) Any additional affidavit/document which the appellant wishes to rely upon shall be filed within a period of one week. Similarly, respondents are also given liberty to file reply affidavit as well as any additional documents that they wish to rely upon within a further period of one week. All the documents/affidavits placed on record by the parties would be taken into account by the CLB while passing the final order.
(iii) The direction to produce document on 13th May, 2011 shall be reconsidered by the CLB after hearing the appellant. The CLB is at liberty to pass any order after hearing both the parties.
Co.A(SB) Nos. 34/2011 & 35/2011 page 2 of3.
CJ
Since this order has been passed with consent ofthe parties, it is clarified that it is not a reflection either on the functioning ofthe CLB or on the merits of the case. In fact, I may mention that both the parties have stated that they have full confidence in the CLB Member who was hearing the matter.
With the aforesaid observations, present appeals stand disposed of.
Order dasti under the signatures of Court Master.
\IJ
MANMOHAN,J
JUNE 01, 2011
JS
Co.A(SB) Nos.34/2011 & 35/2011 page 3 of3.
Since this order has been passed with consent ofthe parties, it is clarified that it is not a reflection either on the functioning ofthe CLB or on the merits of the case. In fact, I may mention that both the parties have stated that they have full confidence in the CLB Member who was hearing the matter.
With the aforesaid observations, present appeals stand disposed of.
Order dasti under the signatures of Court Master.
\IJ
MANMOHAN,J
JUNE 01, 2011
JS
Co.A(SB) Nos.34/2011 & 35/2011 page 3 of3.
JUDGMENT