Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956: c 0 E F G H s.10F - Appeal under Companies Act against interim order - In the instant case promoter of a company died leaving behind respondent no.1-wife and 3 daughters who were appointed as directors of the company - Dispute arose behtieen them regarding holding of certain board meetings and appointment of daughters as Directors and continuance of respondent no. 6 as directOr- Respondent no. 1 moved CLB and sought interim relief which prayer was declined- On appeal uls. 1 OF High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Companies Act, 1956:s.10F - Appeal under, against interim order - In theinstant case, promoter of a company died leaving behindrespondent no.1-wife and 3 daughters who were appointedas directors of the company - Dispute arose between themregarding holding of certain board meetings and appointmentof daughters as Directors and continuance of respondentno. 6 as director- Respondent no. 1 moved CLB and soughtinterim relief which prayer was declined- On appeal uls. 1 OF,High Court allowed the appeal elaborately delving into factualdetails bearing on all facets of disputes between parties -Held: High Court being fully conscious that the proceedingbefore the CLB was pending for final adjudication, proceededto undertake an in-depth exercise to analyse the facts andthe law involved and recorded its decision on merits in totalsubstitution of the order of the CLB - This was in absence ofany pleadings by the appellants, the contesting Directorsbefore the CLB - Having regard to the fact that the appealbefore the High Court uls. 1 OF of the Act was one from aninterim order passed in exercise of judicial discretion at thestage of mentioning, bearing in mind the permissibleparameters of exercise of appellate jurisdiction in suchmatters, the elaborate pursuit so undertaken by it, is neithercontemplated nor permissible - High Court, in any view ofthe matter, was not dealing with a regular appeal uls. 1 OFon a question of law from a decision rendered by the CLBon merits, after a complete adjudication - No final determination on merits was warranted as it has the effectpre judging disputed questions pending before the CLB.ofs. 1 OF - Role of appellate forum under - Held: Whilethe language applied ins. 1 OF evinces that all orders, whether final or interlocutory, can be.the subject-matter of appeal, if itoccasions a question of law, the Section per se defines theperimeters of inquisition by the appellate forum conditionedby the type of the order under scrutiny- Whereas an appealu/s. 1 OF from an order granting or refusing interim relief, essentially in the exercise of judicial discretion and basedon equity is one on principle and no interference is meritedunless the same suffers from the vice of perversity andarbitrariness, such constrictions may not necessarily regulateand/or restrict the domain of examination in a regular appeal on facts and law.s.10-F- Scope.of- Held: s.10F of theĀ· Act engraftsthe requirement of the existence of a question of law.arisingfrom the decision of.the CLB as an essential pre-condition for the maintainability of an appeal thereunder.Interlocutory order: Scope of - Held: No adjudicationat the preliminary stage of a proceeding in a court of law oughtto have the attributes of a final verdict so as to prejudge the issues at that stage, thereby rendering the principaldetermination otiose or redundant. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2015 INSC 738 |
Petitioner | Purnima Manthena And Another |
Respondent | Dr. Renuka Datla & Others |
SCR | [2015] 11 S.C.R. 218 |
Judgement Date | 2015-10-06 |
Case Number | 8275 |
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