C.R.H. Readymoney Ltd. And Ors. vs State Of Bombay on 14 December, 1955
12. Mr. Dwarkadas has relied on the decision of this Court in C.R.H.
Readymoney Ltd. vs. State of Bombay1 and the decision of the Hon'ble Supreme
Court in Madanlal Fakirchand Dudhediya vs. Shree Changdeo Sugar Mills Ltd.2 and
submitted that no negative import can be implied from the words "it shall be
lawful" used in the second proviso to Regulation 4 (3) of the CLB Regulations. It
1 AIR 1956 Bom 304
2 AIR 1962 SC 1543
::: Downloaded on - 09/06/2013 19:27:01 :::
KPP -22- Company Appeal (L) No. 28 of 2012
is submitted that the purport of the second proviso to Regulation 4 (3) of the
CLB Regulations is meant to get over an order, if any, passed under Regulation 4
(3) of the CLB Regulations by which only the Regional Benches could "deal
with" matters falling under all other sections of the Act other than those arising
under Sections 247, 250, 269 and 388 B of the Act. It does not carry the
negative import of depriving the Learned Chairman of the CLB of his inherent
power or power under Section 10E (4B) of the Act to allocate work which would
include the power to transfer matters from one Regional Bench to another
Regional Bench, more so when there is no express bar from doing so. Mr.
Dwarkadas has therefore submitted that strictly without prejudice to his above
submissions and in the alternative if this Court were to come to the conclusion
that the second proviso to Regulation 4 of the CLB Regulations does provide for a
positive power of transfer to the Learned Chairman of the CLB to transfer matters
from the Regional benches to the Principal Bench, it would be incorrect to
proceed on the footing that the second proviso to Regulation 4 is the sole
repository of the power of transfer available with the Learned Chairman of the
CLB to transfer matters. The power to transfer matters from one Bench to
another is within the implicit and inherent powers of the Learned Chairman of
the CLB and therefore the same would not be restricted in any way by the
second proviso to Regulation 4 of the CLB Regulations providing for a limited
power of transfer.