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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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20direction shall be accompanied by a fee of Rs.50/- as per Sub-section(2) of Section 3 of CLB (fees on applications and petitions) Rules,1991. The applicant remitted fee of Rs.50/- by way of D.D. dated5.09.<strong>2010</strong>. Mere remitting a fee of Rs.50/- is not sufficient to dealwith the application without mentioning any specific regulation. Asper Regulation 17 of CLB Regulations 1991 any application filedsubsequent to filing of the petition applying for any interim order ordirection shall as far as possible, be in form No.2 in Annexure II andshall be accompanied by an affidavit verifying the application in themanner laid down in Regulation 14. According to the aboveregulations any applications filed subsequent to filing of the petitionshall be under Regulation 17 and the CLB may in exercise its inherentpowers under Regulation 44 make such orders as maybe necessary forthe ends of justice or to prevent abuse of the process of the bench asper Regulation 44. Therefore, I am of the view that without mentioningany rules and regulations of the <strong>Company</strong> <strong>Law</strong> <strong>Board</strong>, the applicationis vague and liable to be dismissed at threshold. Even without goinginto technicalities with regard to the non-mentioning of relevantprovision of law, the application cannot be entertained on the groundthat the applicant sought plural remedies. When the applicant seeksplural remedy, which is inconsequential to one another the applicationcannot be entertained as per Regulation 20 of CLB Regulations. Thesaid regulation is reproduced hereunder for better appreciation:<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>.20

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