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Mrs. M.R. Shah vs Vardhman Dye-Stuff Industries P. Ltd., ... on 27 January, 2005

The next judgment relied was in the matter of Desein Private Ltd. and Anr. v. Elektrim India Ltd. and Ors 2001 (3) Comp LJ 459 (CLB), wherein the company Law Board has held that while adjudicating upon the grievance of the petitioner regarding appointment of statutory auditors of the company as the ground of oppression/mismanagement was of the view that the petitioner in case were estopped from raising the said issue in the proceedings before the Hoard as the petitioner representative had participated in the appointment of the auditors and further the petitioners had never complaint about the said fact which was also approved in the subsequent Annual General Meeting's of the company, hence holding the petitioners equally, responsible for the violation, the Board decline to grant any relief on the said ground.
Company Law Board Cites 28 - Cited by 5 - Full Document

Shri Kishore Kundan Sippy And Shri ... vs Samrat Shipping And Transport Systems ... on 29 October, 2003

In Desein Private Limited v. Elektrim Indian Limited (2001 43 CLJ 141) this Board has held that to substantiate an allegation of diversion of business it should be established that the company had lost a business opportunity to the newly incorporated company. Since in that case, the particular respondent against whom the complaint had been made had already gone out of business and without the assistance of that respondent the company itself could not carry on the business, the Board held that there was no breach of fiduciary duties. Similarly, in the present case, without the assistance of the 2nd respondent, the company could not have carried on business with Contship.
Company Law Board Cites 8 - Cited by 4 - Full Document
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