This High Court of Bombay review petition was dismissed. The bench clarified that no finding of fact regarding the MoU or entitlement was rendered in the prior judgment, and no case for review was made out.
Review petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
REVIEW PETITION NO. 1 OF 2010
IN COMPANY APPEAL NO. 51 OF 2009 IN CLB COMPANY APPLICATION NO. 102 OF 2007 IN CLB COMPANY PETITION NO. 55 OF 2006
Chetan Consultants Pvt. Ltd. & Ors. ...Petitioners
Versus
Ravi Kiran Agarwal & Ors. ...Respondents
Mr. Mohit Arora with Ms. Pinky Patel i/by M/s. Desai &Diwanji for the Petitioners
Mr. Atul Rajadhyaksha, Senior Advocate, with Mr. Pankaj Vernekar, Ms. Kirtida Chandarana and Mr. Nikhil Pai i/by Mr. Mahernosh Humranwala for Respondents No. 1 and 2
Mrs. Punita Arora for Respondents No. 3 to 6.
CORAM: DR. D.Y. CHANDRACHUD, J. 15 October, 2010 .
P.C. :-
The grievance of the review petitioners is that the Court, in
paragraph 18 of its judgment, has clarified that the Court has had no
occasion to render any finding of fact on the effect of the MoU or on the
2 rpc110
entitlement of the appellants; but the facts set out in the earlier part of the judgment would seem to give the impression that a finding of fact was arrived at by this Court. Reading the judgment as it stands, it is evident that the decision of this Court was rendered on a question of law under Section 10-F of the Companies Act, 1956; and the proceedings were remitted back to the Company Law board for a fresh decision on the application for impleadment. In that view of the matter, this Court has already clarified that no finding of fact has been rendered by the Court.
DR. D.Y. CHANDRACHUD, J.
Chetan Consultants Pvt. Ltd.
Ravi Kiran Agarwal
Dr. D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
