Ramachandran Nair,J.
The appeal is filed challenging the order dated 29.04.2014, passed by the Company Law Board, Chennai in C.P No. 22/2014. By the said order, an interim order dated 23.04.2014, has been modified and fresh orders have been passed.
2. Going by the interim order dated 23.04.2014, the Company Law Board directed that the resolutions passed in the Board meeting dated 23.04.2014, may not be given effect till 29.4.2014 and the respondents were directed to file their objections in the matter.
3. The learned counsel for the appellant submitted that the Company Law Board made certain adverse observations against the appellant, by taking the view that the appellant has suppressed the filing of a civil suit before the Munsiff Court, Neyyattinkara in the same matter.
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4. Our attention was invited to the averments in the affidavit filed as Annexure-A wherein, the appellant has explained various aspects. It is submitted that since, two different counsels were appearing in the two forums, some confusions have been created. It is also clear from paragraph 4 of the said affidavit that the petitioner had expressed his intention to withdraw the suit unconditionally. It is therefore, submitted that the observation made by the Company Law Board in that regard, that there is a suppression may not be correct.
5. The learned Senior Counsel for the respondents pointed out, in the last occasion (20-10- 2014) that a fresh resolution has been passed by the Annual General Body meeting against which the appellant has already moved the Company Law Board. The learned counsel for the appellant confirmed the same.
We therefore dispose of this appeal, leaving all matters to be considered by the Company Law Board. It will consider the main petition, as well as any interlocutory application pending already, or which may be filed hereafter by either of the parties. The Company Co.Appl.No. 7 of 2014 3 Law Board will consider all matters, untrammelled by the observations contained in Annexure order dated 29.04.2014. No costs.
Sd/-T.R.RAMACHANDRAN NAIR Judge.
lsn Sd/- P.V.ASHA, Judge.