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before the company law board - Company Law Board Mumbai Bench

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13<strong>the</strong>ir names continue to be shown as shareholders of <strong>the</strong> <strong>company</strong>,save and except in respect of <strong>the</strong> year 2007-2008, as <strong>the</strong> accounts for<strong>the</strong> same are not yet audited and finalized. The R6 is one of <strong>the</strong>shareholders of <strong>the</strong> R1 <strong>Company</strong>. It is false to state that <strong>the</strong>Respondents are using <strong>the</strong> property of <strong>the</strong> <strong>company</strong> for <strong>the</strong>ir personaluse and <strong>the</strong> same is being used for <strong>the</strong> purpose of <strong>the</strong> <strong>company</strong> as setout in <strong>the</strong> books of accounts of <strong>the</strong> <strong>company</strong>. In any event, it is noneof <strong>the</strong> business of <strong>the</strong> petitioners as under <strong>the</strong> said familyarrangement/settlement <strong>the</strong> said <strong>company</strong>, <strong>the</strong> management, control<strong>the</strong>reof as well as <strong>the</strong> properties, assets and income solely andexclusively belong to <strong>the</strong> Bazzardev Sadh Group and <strong>the</strong> GyandevSadh Group have no right, title or interest of any nature whatsoever inrespect of <strong>the</strong> same. When <strong>the</strong> property was given on licence to <strong>the</strong>Respondent No. 8, <strong>the</strong> same was appropriately recorded in <strong>the</strong>minutes of <strong>the</strong> meeting of <strong>the</strong> <strong>Board</strong> of Directors.8. The Learned Senior Counsel fur<strong>the</strong>r submitted thatpetitioner admitted at para 2.5 of <strong>the</strong> petition that <strong>the</strong> R1 is a familybusiness and quasi partnership between <strong>the</strong> Petitioner No.1 familyand Respondent No.2 family. The family settlement dated 30 thAugust, 2004 and 11 th Sept., 2004 are binding upon all <strong>the</strong> parties. Itis also pertinent to note that all <strong>the</strong> properties/assets reflected in <strong>the</strong>family settlement have been purchased out of a common pool offunds/assets jointly owned by <strong>the</strong> Sadh Family.CP 15/2008P ExportsOn this point he

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