M/S. Ansal Properties & Industries Ltd vs State Of Haryana & Anr on 23 January, 2009
15. Mr. De' vetre, Learned Senior Advocate appearing for Respondent
No.1, has first submitted that Section 10E (4B) is contained in a part of the Act
headed "Constitution of Board of Company Law Administration". That provision
deals only with the Constitution of the Board and formation of the Benches of
the Board. It does not at all deal with the power to transfer matters. The only
provision for "transfer" of any matters is to be found in the second proviso to
Regulation 4 (3) of the CLB Regulations. The said proviso expressly sets out the
power of the Chairman to transfer any matter pending before any Regional
Bench. The intent is plainly and unambiguously expressed. Relying on the
decision of the Hon'ble Supreme Court in Ansal Properties and Industries Ltd. vs.
State of Haryana1, it is submitted on behalf of Respondent No.1 that it is settled
law that the Court cannot read anything into a statutory provision, which is plain
and unambiguous and if the language of the enactment is clear and
unambiguous, it would not be proper for the Courts to add any words thereto
and evolve some legislative intent, not found in the statute.