' ' IN THE HIGH COURT OF DELHI Co.A. (58) No.13/2009 Date of decision: 24th March, 2009 GEETA BATRA ... Appellant through: Mr. Sanjay Jain, Sr. Adv. with Mr. R. Midha, Adv. & Mr.Sumit Rajput, Adv. VERSUS AJAY BATRA & OTHERS .... Respondents through: Mr. Arun Kathpalia , Adv. with CORAM: Mr. Sachin Puri, Adv. & Ms. Namitha, Adv. for the Respondent No.1. HON.BLE MS. JUSTICE GITA MITTAL 1. Whether reporters of local papers may be allowed to see the Judgment? 2.To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? GITA MITTAL, J(Oral) 1. This appeal has been filed by the petitioner assailing an order dated 24th February, 2009 passed by the Company Law Board on an interim application. It appears that the respondent no.2 herein had filed a petition under Section lJ..l-A of the Companies Act, 1956 assailing an alleged resolution dated 30th June, 2008 purportedly passed by the Board of Directors of M/s BHP Machines Limited deleting the name of the petitioner from share certificate numbers 34, 35 & 36. The respondent no.l had - 1 - Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified ' ' also sought cancellation of this share certificate and a stay on the issue of share certificate number 43 which was claimed to have been issued by the present applicant in their favour in lieu of share certificate numbers 34, 35 & 36. 2. On a consideration of the matter, the Company Law Board has been pleased to grant the interim prayer in favour of the respondent no.l on the above three prayers. 3. The appellant is aggrieved by the order primarily on the ground that the same tantamounts to status quo inasmuch as the share certificate number 43 already stands issued in favour of the applicant who is stated to be the mother of the respondent no.l. 4. I have heard learned counsel for the parties. I find from the order of the Company Law Board th.at it has directed the hearing in the matter on 26th March, 2009. In view of the acrimonious litigation and allegations which are being levelled by the parties against each other, interest of justice merits that the matter be not adjourned and hearing be commenced on the scheduled date. 5. So far as the present appeal is concerned, I find that the interim order has been passed prima facie on consideration of the matter and a final view is yet to be taken by the Company Law Board. The order is not reasoned. However, the impact of the interim order is that it amounts to grant of status quo with regard to the resolution dated 30th June, 2008, cancellation of the share certificate numbers 34, 35 & 36 and issuance of the share - 2- v .. certificate number 43. 6. · The appellants have contended before me that the share certificate numbers 34, 35 & 36 stands cancelled and that share certificate number 43 has already been issued in favour of the appellant. These facts are required to be placed before the Company Law Board when the matter is considered. It needs no elaboration that the orders passed by the Company Law Board would obviously relate to the situation which subsisted on the date of passing of the order and was placed before the Board when the order was passed. 7. In this view of the matter, the apprehension which is expressed on behalf of the appellant that the impugned order dated 24th February, 2009 amounts to a status quo ante, is misconceived and devoid of merits. ·The order has to be read strictly and cannot be construed in any other manner. It is open to the appellant to place the facts with regard to the steps which have been taken after the resolution dated 30th June, 2008 and seek appropriate modification of the orders passed before the Company Law Board. 8. In the given facts and circumstances as pleaded, in my view no question of law justifying interference at this stage is also made out. This appeal is, accordingly, dismissed. It is made clear that nothing herein contained is an - 3- expression of opinion on the merits of the matter. March 24, 2009 a a -4-