- (1.) S. P. Mehrotra, J. Pursuant to the order dated 26th July, 2004, the case is listed today.
(2.) SANJAY Mahajan (Opposite Party No. 2), Ashok Mahajan (Opposite Party No. 3), Ajay Mahajan (Opposite Party No. 4), Mrs. Juhi Mahajan (Opposite Party No. 5) and Mrs. Alka Mahajan (Opposite Party No. 6) are personally present in the Court today. They are identified by Sri L. K. Pandey, learned counsel for opposite parties Nos. 2 to 6 in Civil Misc. Application No. 219251 of 2002, under Section 454 (5) of the Companies Act, 1956. An application dated 23rd August, 2004 has been filed today before the Court on behalf of the opposite parties Nos. 2 to 6. Registry is directed to give appropriate number to the said application. It is, inter-alia, prayed in the said application that the personal appearance of the opposite parties Nos. 2 to 6 be exempted, and the opposite parties Nos. 2 to 6 be permitted to appear through their counsel.
(3.) THE said application is supported by an affidavit of Sanjay Mahajan (Opposite Party No. 2) sworn on 23rd August, 2004. It is submitted by Sri L. K. Pandey, learned counsel for the opposite parties Nos. 2 to 6 that in view of the circumstances mentioned in the said application dated 23rd August, 2004 and its supporting affidavit, particularly in view of the enormous hardship and the cost involved in coming to Allahabad, personal presence of the opposite parties Nos. 2 to 6 be exempted. He has placed reliance on the decision of the Supreme Court in M/s Bhaskar Industries Ltd. v. M/s Bhiwani Denim & Apparels Ltd. & others, J. T. 2001 (7) S C 127.;