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Companies Law - Case Laws

Showing 1 to 20 of 10790 Records

  • 2018 (2) TMI 1452 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

    Comply with the arbitration award - Violation of the provisions of the Companies Act, 2013 - whether the Company can convert a loan into equity shares if at the time of raising the money, the company had not passed special resolution? - removal of the Petitioners as Directors - Held that - The arguments of the learned counsel for the Appellants is that this Section could not have been applied and if at all Section 81 of the Old Act would be relev....... + More


  • 2018 (2) TMI 1451 - NATIONAL COMPANY LAW TRIBUNAL, CHANDIGARH

    Manner of holding of 44th Annual General Meeting of the shareholders of the company - non compiling with the provisions of the Companies (Management and Administration) Rules, 2014 - oppression or mis-management - Held that - Filing of the instant petition is simply an abuse of the process of the Court and to harass the company and its management. Except the name of respondent No.5 Mr.Sudhir Avasthi, there is not even remote reference to the role....... + More


  • 2018 (2) TMI 1420 - SUPREME COURT OF INDIA

    Valuation of properties - company in liquidation - symbolic possession of the properties - Held that - (i) The Official Liquidator, with the guidance of the Court Receiver and after obtaining appropriate directions from the learned Company Judge in consultation with Justice A.S. Oka, can go ahead to sell the movable properties and, thereafter, proceed to sell the immovable properties which find mention in paragraph (a) of the prayer clause. - (ii....... + More


  • 2018 (2) TMI 1419 - GUJARAT HIGH COURT

    Winding up of the Company - Held that - In the case on hand, the respondent has raised a bonafide disputes as regards to the debt and in facts of the case, the proceedings under Sections 433 and 434 of the Companies Act, 1956 is not an alternative method of recovering debt which is disputed only because the plant of the respondent-Company is closed and therefore, it cannot be said that the respondent-Company has neglected to pay on a statutory de....... + More


  • 2018 (2) TMI 1332 - DELHI HIGH COURT

    Winding up petition - proof of outstanding dues - neglection to pay the balance due - Held that - A bare reading of the aforesaid Warranty Clause clearly demonstrates that the same was applicable only for any manufacturing defect, bad workmanship or quality for a period of 15 months from the date of supply or 12 months from the date of commission, whichever was earlier. The Warranty Clause does not in any manner cover the short supply. The Warran....... + More


  • 2018 (2) TMI 1331 - GUJARAT HIGH COURT

    Scheme of dissolution - Held that - There appears to be proper compliance of the provisions of Section 497 of the Act, finds that the prayers sought for in the present report could be granted. - In view of above, the company is ordered to be dissolved in terms of Section 497 of the Act. The Ex-directors of the company are directed to pay ₹ 10,000/- being expenses relating to filing of the present report to the office of the Official Liquida....... + More


  • 2018 (2) TMI 1330 - SECURITIES APPELLATE TRIBUNAL, MUMBAI

    Violation of provisions contained in the SEBI Regulations, 2003 - Penalty imposed - failure to comply with the disclosure obligations - Held that - AO has set out the obligation of the appellant to make disclosures under the aforesaid regulations when the shareholding of the appellant in EIIL stood reduced from 53.01 to 9.91 and thereafter increased from 9.91 to 43.01 on 31.03.2005. Assuming that on 31.03.2005 appellant came to know about the tra....... + More


  • 2018 (2) TMI 1329 - NATIONAL COMPANY LAW TRIBUNAL, CHANDIGARH

    Company failure to repay the deposit or part thereof or any interest thereon within time specified - Held that - When the matter was listed on 22.08.2017, the Tribunal had directed the petitioner to make due payment of the deposits upto principal amount of ₹ 1,00,000/- to the depositors. However, there was a specific undertaking given by the petitioner company on 22.08.2017 that the deposits upto ₹ 1,00,000/- shall be cleared within o....... + More


  • 2018 (2) TMI 1328 - NATIONAL COMPANY LAW TRIBUNAL, AHMEDABAD

    Seeking cancellation of Extra Ordinary General Meeting (EGM) - Held that - On perusal of the records it is found that one application under Section 8 of the Arbitration and Reconciliation Act, 1996 is pending and fixed for hearing on 09th October, 2017 which is with regard to the maintainability of the main Company Petition. Further, since the applicant has already received notice of the EGM, he/they is/are at liberty to attend the meeting and ra....... + More


  • 2018 (2) TMI 1267 - GUJARAT HIGH COURT

    Winding up petition - Held that - The Court, having heard learned advocate Ms. Chandarana for the appellant and having considered the contents of the report with the documents annexed therewith especially liquidator s Statement of Account for the windup, finds that the prayers made for dissolution of the company could be granted in exercise of powers under Section 497 of Act. - In view of the above M/s. Kelur Investments Private Limited (the Comp....... + More


  • 2018 (2) TMI 1193 - GUJARAT HIGH COURT

    Dissolution of company - Held that - As stated in the present report, there are no assets and properties of the company nor any fund is available in the account of the company and, therefore, that the Registrar of the Companies as well as other Government Departments have no objection if the company is allowed to be dissolved. - Court having heard learned advocate for the Official Liquidator and having considered the contents of the present repor....... + More


  • 2018 (2) TMI 1192 - GUJARAT HIGH COURT

    Dissolution of company in voluntary winding up seeked - Held that - As there are no assets and properties nor any fund is available in the account of the company and that the Registrar of the Companies as well as other Government Departments have no objection if the company is allowed to be dissolved. - The Court, having heard learned advocate for the Official Liquidator and having considered the contents of the present report with the documents ....... + More


  • 2018 (2) TMI 1191 - BOMBAY HIGH COURT

    Decree against the Defendants to jointly and severally pay to the Plaintiffs the outstanding principal amount along with interest accrued thereon - whether the present suit filed on 27th October, 2015 is barred by the Law of Limiation? - Held that - Mentioned paragraph in the e-mail dated 12th April, 2013 (Exhibit-BB-8 at page 374 of the Plaint) constitutes an acknowledgment on the part of Om Sai Motors that they are liable to pay ₹ 5 Crore....... + More


  • 2018 (2) TMI 1190 - BOMBAY HIGH COURT

    Winding up petition - Power of Registrar to strike defunct company off register - Held that - Just because the name of the company is struck off the register under Section 248 of the Companies Act, 2013, that will not come in the way of the Court to pass an order winding up of company. - Therefore, even under the Companies Act, 1956, if the Registrar of Companies was to strike off the name of the company from the register, that would not affect t....... + More


  • 2018 (2) TMI 1133 - SECURITIES APPELLATE TRIBUNAL, MUMBAI

    Scheme of the Insurance Act read with that of IRDA Act - appointment of Administrator to manage the affairs of the Insurer under the control of the IRDAI by invoking powers conferred upon it under provisions of Section 52 (A) of the Insurance Act, 1938 - transfer the insurance business of the Appellant to an outside insurer - Held that - The report and its outcome have potentially and adversely affected the appellant, therefore, the IRDAI must ha....... + More


  • 2018 (2) TMI 1132 - NATIONAL COMPANY LAW TRIBUNAL, CHENNAI

    Restoration of the name of the Applicant Company to the Register maintained by the concerned RoC - Held that - We allow the Application and order for restoration of the name of the Applicant Company to the Register maintained by the concerned RoC. We direct the Applicant Company to deliver a certified copy of this Order to the Registrar of Companies within 30 days from the date of this order. On such delivery, the concerned Registrar of Companies....... + More


  • 2018 (2) TMI 1063 - NATIONAL COMPANY LAW TRIBUNAL, AHMEDABAD

    Company name removal from the Register of Companies ROC - non commencement of business within one year of its incorporation - restoration of name seeked - Held that - The Company is registered with the object of doing Real Estate business including other businesses. From the documents filed by the appellant on 23rd August, 2016 it appears that the Company entered into the MOU to purchase certain lands for the purpose of development. The Bank s ac....... + More


  • 2018 (2) TMI 1062 - NATIONAL COMPANY LAW TRIBUNAL, HYDERABAD

    Oppression and mismanagement - Company Petition maintainability - no proper GPA and not fulfilling requisite conditions prescribed under u/s. 241 of the Companies Act, 2013 - validity of sale deed - removal of second respondent from the office of Company - Held that - Company has proposed an Extraordinary General Meeting as early as 2nd July, 2015 with proposal to remove the second respondent from the office of Company on the ground that he was f....... + More


  • 2018 (2) TMI 847 - DELHI HIGH COURT

    E-auction - non-deposit of the security money and request for adjustments - withdrawal of LOIs - Held that - The impugned letters of the NDMC withdrawing the LoIs is based on justifiable grounds, inter alia violation of the conditions of the NIT by the Petitioners (such as, non-deposit of the security money and request for adjustments not provided for in the NIT, in the case of Honshu), and engaging in business relationships with black-listed com....... + More


  • 2018 (2) TMI 652 - GUJARAT HIGH COURT

    Symbolic possession of the premises by OL - removal of seal and notice pasted on the premises - Held that - As stated by the Official Liquidator and as submitted by the learned advocate Mr.Acharya for the Official Liquidator, when the company in liquidation does not claim ownership of the premises, the Official Liquidator shall be required to remove the seal and the notice pasted on the premises for taking symbolic possession of the premises. The....... + More


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