Marpol_Pvt_Ltd_CA_143_2010 - Company Law Board Mumbai Bench

16application, under Section 111, presumably of the Companies Act,1956, the same is not maintainable for the reasons set out hereinafter.The applicants submit that the Sub-section (10) of Section 111 of thesaid Act reads as follows:Sec.111 Power to refuse registration and appeal against refusal.Sub Sec.10 Every appeal or application to the [Tribunal] undersub-section (2) or sub-section (4) shall be made by a petition in writingand shall be accompanied by such fee as may be prescribed.7. In the circumstances, the applicants submits that since the actmakes specific provision under sub-section (10) for filing a petition inwriting which shall be accompanied by the prescribed fees. Thus, thesaid Act contemplates the filing of an independent petition. The saidtrust has neither filed any independent petition nor paid the prescribedfees. The said trust ought to follow the due process of law and ought tobe directed to file appropriate proceedings. The said Trust isattempting a shortcut, which it ought not to be allowed to take. ThisHon’ble Board, therefore has no jurisdiction to hear the saidapplication and on this ground alone, the said application is required tobe dismissed with costs. It is submitted that the said Trust cannotapply for impleadment as Respondent No.24 in company petitionNo.72 of 2008. As on date, the said trust is not even a member of thecompany. In any event, the said trust is neither a necessary nor properCA No.143 of 2010 in CP 72 of 2008M/s. Marpol Pvt. Ltd.16