Jer Rutton Kavasmneck alias Jer Jawahar Thandi - Bombay High ...

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between the parties before it. ”
40/195
COAPPL41.12
43. The learned counsel for the respondents placed reliance on Regulation
29(4) of the Company Law Board Regulation, 1991 which reads as under:
“A copy of every interim order granting or refusing or modifying
interim relief and final order passed on any petition or reference
shall be communicated to the petitioner or the applicant and to the
respondents and other parties concerned free of cost.”
44. Relying upon Regulation 29(4) it is submitted that the said Regulation
postulates that CLB has power to grant interim order or refuse or modify that.
It is submitted that the source of that power is to be found in section 403 of
the companies Act, 1956 read with regulation 44 which saves inherent power
of the Bench. It is submitted that on a conjoint reading of Regulation 44 and
29(4), the CLB has inherent powers to grant interim relief and to modify or
vacate or refuse interim relief as may be necessary for the ends of justice or to
prevent the abuse of the process of the Bench.
45. Mr. Kadam, the learned senior counsel appearing for respondent no. 1
submitted that no provisions in law can control inherent powers of the court.
The inherent powers are exercised to do complete justice. It is submitted that
the order dated 21 st May, 2012 passed by CLB clearly provide that the same
was “till further orders”. The first respondent company had applied for