IN THE HIGH COURT OF JUDICATURE AT BOMBAY VP H ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL No.2 OF 2009 IN COMPANY PETITION (L) No.7 OF 2002 Sunil Agarwal ... Appellant Vs Laxmi Ventures (India) Ltd. ... Respondent Mr. Pravin Samdani, Sr. counsel, Mr. Mayur Khandeparkar, Mr. Darshan R. Mehta, Ms. Faiza A. Dhanani i/b M/s Dhruve Liladhar & Co. for the appellant. Mr. Deepan Merchant, Sr. counsel a/w Mr. Delip Rai i/b Nanu Hormasjee & Co. for the Respondents. CORAM: S. J. VAZIFDAR, J. DATED: FEBRUARY 27, 2009. P.C.: ---- . Although certain questions of law may arise in respect of the order, I am not inclined to admit this Company Appeal under Section 10-F of the Companies Act, aginst an interim order rejecting the appellant’s application for summoning certain witnesses. 2. Mr. Merchant,the learned senior counsel appearing for respondent Nos. 1 to 4 submits that it is always open to the petitioner to challenge the impugned order in an appeal against the final order and judgment, if necessary. I agree. In the event of the petitioner being aggrieved by the final order and judgment of the Company Law Board, it is always open - 2 - to the petitioner to challenge the order, presently impugned, in the appeal that may be filed against such final order. 3. Mr. Samdani, the learned senior counsel appearing on behalf of the appellant expressed an apprehension that it may be contended in any such appeal and that the appellant cannot challenge the interlocutory order in an appeal against the final order. In view of Mr. Merchant’s statement and in view of what I have held above, the apprehension is not well founded. Further, the appellant’s rghts are protected by providing that in the event of it being so held, this appeal shall stand revived and shall be heard at the admission stage. 4. The Company Appeal is accordingly disposed of. It is made clear that all the contentions of the parties including in respect of the impugned order, are kept open. Sd/- [ S. J. VAZIFDAR, J.]