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Marpol_Pvt_Ltd_CA_143_2010 - Company Law Board Mumbai Bench

Marpol_Pvt_Ltd_CA_143_2010 - Company Law Board Mumbai Bench

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18facie not maintainable on the face of the said application and ought tobe dismissed on this ground alone. Further, the said applicant is anabuse of process of law. The applicants submit that the issue whetherthe said application is maintainable or not ought to be decided at theoutset, as a preliminary issue. In the circumstances, this Hon’ble<strong>Board</strong> be pleased to dismiss the said application as it is notmaintainable. Therefore, it is prayed that this Hon’ble bench may bepleased to dismiss the company application being <strong>CA</strong> No.<strong>143</strong> of <strong>2010</strong>as not maintainable.8. Heard the learned counsel appeared for the parties, and perusedthe pleadings and documents filed by them. The pleadings contains theapplication being <strong>CA</strong> No.<strong>143</strong> of <strong>2010</strong> consists of 39 pages and thereply filed by the respondents 6, 7 and 23 consists of 25 pages and thereply filed by the respondents 8, 13, 15, 16 and 19 consists of 25 pagesand the application being <strong>CA</strong> No.189 of <strong>2010</strong> filed by the petitionerscontains 22 pages. Except these no other documents are on records ason the date of hearing of these applications i.e. 12.4.2012. It was madeclear in the open court that no other documents will be entertained todecide these applications to avoid controversies. After analyzing thepleadings the issues that are felt for consideration and need to beaddressed is i) whether the application filed by the trust seekingdirections to implead itself as respondent No.24 and rectify the register<strong>CA</strong> No.<strong>143</strong> of <strong>2010</strong> in CP 72 of 2008M/s. <strong>Marpol</strong> <strong>Pvt</strong>. <strong>Ltd</strong>.18

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