Supreme Court - Daily Orders
West End Sports Club Ltd. vs Jagmohan K. Solanki on 21 July, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6626 OF 2014
(Arising out of S.L.P.(Civil) No.8787/2013)
West End Sports Club Ltd. .. Appella
nt(s)
Versus
Jagmohan K. Solanki .. Respond
ent(s)
O R D E R
Heard Mr. P.H. Parekh learned senior counsel for the appellant and Mr. K.K. Venugopal learned senior counsel for the respondent.
The present litigation has a chequered history which we need not to narrate in detail. We have said so as we have not iced that against the judgment and order passed by the Company Law Board Mumbai in Company Petition No.9/186/CLB/WR/2005, the appellant, namely, M/s West End Sports Club Limited preferred a O.J. Appeal before the High Court. The appeal was disposed of on the ground that there was a settlement between the parties. The s aid order came to be assailed before this Court in special leave petition wherein this Court passed the following order.
"We are informed Signature Not Verified that certain documents, which were not available when the Digitally signed by Usha Rani Bhardwaj Date: 2014.07.30 matter was argued before the High Court, 17:28:03 IST Reason: have now come to the knowledge of the petitioner. The petitioner may move the High Court, if so advised."
On the basis of the aforesaid order an application for 2 review/recall was filed before the High Court which has been dismissed by the impugned order dated 27.09.2012.
We have been apprised at the bar that on the basis of the direction issued by the Company Law Board election was held in 2009 and one Mr. Bhogilal H.Bachkaniwala was elected. We have also been told that the tenure is for three years and another election has taken place in 2012 and someone else has been elected as Chairman.
At this juncture, we may state that we are not inclined to interfere with the judgment of the High Court as it was disposed of on the basis of recording a settlement. Be that as it may, we cannot ignore one of submissions that have been canvassed by Mr. Parekh. He has drawn our attention to that part of the order of the Chairman of Company Law Board who has opined that the original 36 members of the Company can only attend the meeting personally and they can appoint any of the other co-members as a proxy to attend the said meeting and cast vote. It is urged by him by virtue of the said direction barring 36 original members others who claim to be members have been debarred to cast their votes.
Having heard the learned counsel for the parties, we are only inclined to modify the order passed by the Company Law Board to the extent that the said voting right which has been restricted to 36 original members would valid only for 2009 election or if any 3 election has been held thereafter the said elections shall remain unaffected. However, persons who claim to be valid members would be at liberty to approach the Company Law Board to establish their rights as members and in that event the Company Law Board shall pass a fresh order without being influenced by its earlier judgment. Be it clarified, we have not expressed any opinion on merits on that score.
The appeal is disposed of accordingly. There shall be no order as to costs.
....................J. [ DIPAK MISRA ] ...................J. [ V. GOPALA GOWDA ] NEW DELHI, JULY 21, 2014.
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ITEM NO.55 COURT NO.8 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 8787/2013 (Arising out of impugned final judgment and order dated 27/09/2012 in MCA No. 173/2012 passed by the High Court Of Gujarat At Ahmedabad) WEST END SPORTS CLUB LTD. Petitioner(s) VERSUS JAGMOHAN K. SOLANKI Respondent(s) (with appln. for intervention and permission to file additional documents and prayer for interim relief and office report) Date : 21/07/2014 This petition was called on for hearing today. CORAM :
HON’BLE MR. JUSTICE DIPAK MISRA HON’BLE MR. JUSTICE V. GOPALA GOWDA For Petitioner(s) Mr. Pravin H. Parekh, Sr.Adv.
Mr. Utsav Trivedi, Adv.
Mr., Vishal Prasad, Adv.
Ms. S. Lakshmi Iyer, Adv.
Ms. Nisha Parikh, Adv.
Ms. Himanjali, Adv.
Mr. Anurag Tripathi, Adv.for M/s. Parekh & Co. ,Adv.
For Respondent(s) Mr. K.K. Venugopal, Sr.Adv.
Mr. T.K.A. Padmanabhan, Adv. Mr. Ramesh Lal Bhatia ,Adv. Mr. Dharmendra Kumar Sinha ,Adv.
UPON hearing the counsel the Court made the following O R D E R Application for intervention is dismissed as not pressed.
Leave granted.
The appeal is disposed of accordingly. There shall be no order as to costs.
(USHA BHARDWAJ) (RENUKA SADANA)
AR-CUM-PS (COURT MASTER)
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Signed order is placed on the file.