Matter before clb

Garima Agarwal (Querist) 15 January 2013 This query is : Resolved
Sir / ma'am

I want to know can company law board order over a case before it, if regarding the same matter a criminal case is pending before a high court? or
can a high court give permission or order company law board to order over that matter?
Reply asap and i will be really helpful if u can support it with case laws.

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Raj Kumar Makkad (Expert) 16 January 2013
Company Law Board has no legal right to hear criminal cases whereas in the given case only the criminal case is pending against the company before high court so both may persue its own matters at the same tie.

Guest (Expert) 16 January 2013
Civil and criminal suits may continue simultaneously on the same subject matter.Proceedings before the CLB may be related to violations of the provisions of the Companies Act,1956 and the same before the high Court may be relating to a criminal offence on the same matter like mis-statements in the Prospectus,not refunding public depost etc.

Garima Agarwal (Querist) 16 January 2013
Thanks for the replies , but can you guide me what can be done if clb says that it will only proceed when criminal court has given its order or its proceedings are done.

Raj Kumar Makkad (Expert) 19 January 2013
CLB cannot insist thereon. You may approach to high court.

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