- (1.) THIS is an appeal from an order of the Company Law Board dated 13th April, 2011. The order is as follows: "C.A. No.210/11 mentioned. Respondents to file reply within a week, rejoinder, if any within a week thereafter. CP & CAS to be argued on 4th & 13th May at 10:30 a.m. and on 9th May 2011 at 2:30 p.m."
(2.) THE ground of appeal is that the Board could not have ordered Company Application No.210/11 to be heard along with the company petition. On the face of the order, no question of law arises from it. But after hearing the argument of the learned Counsel for the respective parties, it seems that some question of law arises from this order. It is submitted on behalf of the appellant that their application, C.A. No.210/11 is in the nature of an application under Order 7 Rule 11 of the Code of Civil Procedure. Therefore, it has to be heard first.
(3.) LEARNED counsel for the respondent shows me an order made by this Court on 11th January, 2011, disposing of an earlier appeal between the parties by, inter alia, directing the Company Law Board to dispose of the main proceeding by 15th May, 2011. It is said that this application, C.A. No.210/11, which was filed on 6th April, 2011, and moved on 13th April, 2011, was with a view to delay the proceedings.;