BHUPINDER RAI Vs. S.M. KANNAPPA AUTOMOBILES (P.) LTD.

JUDGEMENT

(1.) THE above captioned company petition has been filed by the petitioners under section 111 of the Companies Act, 1956 ('the Act') seeking rectification of the register of members of the respondent No. 1 -company viz., S.M. Kannappa Automobiles (P.) Ltd. ('the company'). By way of amendment, the petitioners have invoked the jurisdiction of the Board conferred upon it by virtue of provisions contained in section 397 read with section 402 of the Act. They have sought orders as contained in the petition to bring an end to the alleged act of oppression, complained of, in their petition. The facts as narrated by the petitioners are as follows:

(2.) UPON a careful examination of the record, it is noted that the respondents filed their reply(ies) in the CP which can be broadly categorised into three parts. First part is prior to the pronouncement of the final order on 24th October, 1994 by the CLB Southern Bench, Chennai in the CP The record reveals that on 23rd April, 1992 the respondent Nos. 1 to 5 filed their preliminary objections as to the maintainability of the petition under section 111 to which, the petitioners filed their reply on 19th June, 1992. To the said reply, the respondent Nos. 1 to 5 filed their response/rejoinder affidavit on 20th July, 1992. On 24th July, 1992, the respondent Nos. 6 and 7 filed their reply/statement of objection to the company petition to which, the petitioners filed an affidavit in rejoinder on 26th August, 1992.

(3.) IT appears that respondent Nos. 1 to 5 filed their first supplementary statement of objections/reply on 2nd December, 1992 and second supplementary statement of objections/reply on 9th March, 1994. The parties, thereafter, filed their respective written submissions. After hearing both the sides, the judgment was delivered by the CLB, Chennai Bench on 24th October, 1994.