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M/S Associated Chemical ... vs Smt. Kumud Bhargava

National Company Law Appellate Tribunal19 January 2017

Ratio decidendi

The rule this decision rests on

The reasoning in this text is thin but present. The court declines to interfere with the impugned order insofar as it provides for smooth conduct of inspection of records in compliance with an earlier order of the then Company Law Board, and it directs that counsel for both parties may remain present during inspection to assist their clients and give suggestions, but may not themselves handle any document or inspect any documents of the company or other materials on behalf of either party.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELICompany Appeal (AT) No. 48 of 2016iN THE MATTER OF:Mis. Associated Chemical Industries [Kangpurl.Pyt. Lid. & Ors AppellantsVs.Smit Kumud BhargavaRespondentPresent: For Appella S/Shri Naresh Homer andNityanand Sin&LoL QOL

cape E Pvt, ran & Ors. Ast the xP SULTS passed by the Natorial Company Law SAc ch a CP Ne. SS (NB) of 20148 be which the pot. » Rurmud Bha gava have been allowed to have nection for faciittating smooth nnd t toe comply with {he sar lier order passed | oy the then Conmpany Law Board ir i S letter and spirit. The parties have becn directed to bear their reape 8 "ti coat af legal expenses.

Respond her cours

oof the appellant is Chat the impuened order was emoe oof counsel for the Appellant and

{Eis submitted chat there is no requirement t ng the course of inspection,

3. La. Counsel, an behalf af the Reapandent Aad comtended that bn an earlier matter, the Nom hic Bombay High Court, Mumbai has passed

an arder that the counsel] may be preserit during the ouurse of kr ASPOClIAny and therefore also contended that the Reapancdent was allowed by the then Company Law Boar: te inspect the documents.

4, Having heard the parties, white we are mot inclined fo interfere with the impugned order, iInsolar as 8 relates to smpoth conduct of iyapection of records for co spins ance of earlier arder pa assed by Che then

Compary Law Board, we may observe and direct that the Ld. Counsel for both the parties while remain present fo help. thelr clenis, L8., Appellant or the Reapancdent and give proper suggestion for inspection

ef ene ar other records, they themachves wil nat Randle any doe ument mor inspect any af the documents of the company or other materiais an behalf of the Appellant ar the Respondent.

ad by National Pern clartfed

3. The order dated i7 Noversber, S016 passe Carmmany Law Tribunal, Alahabad Bench shards im fo the above extent.

&. The appeal stards disposed of.

. Mukhopadhe a] Chal person

iMr. Bals Member mi Tact

od

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