Search Results for "Section 446 Companies Act"

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Search Results for "Section 446 Companies Act"

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High Court

High Court Quashes Penalty on Company Officials Under CGST Act Due to Lack of Personal Liability Evidence and Procedural Flaws. Petitioners Challenge Penalty Order for Fake Input Tax Credit Allegations

25 Feb 2026

The petitioners, employees of M/s. Shemaroo Entertainment Limited, filed a writ petition challenging an order-in-original dated 1 February 2025 that i...

Supreme Court

Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

29 Apr 2024

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Directors in Companies Act Complaint — Complaint Barred by Limitation and Filed Without Mandatory Sanction. The court held that the complaint under Section 538(1)(c) of the Companies Act, 1956 was time-barred under Section 468 Cr.P.C. and lacked prior sanction under Section 538(3) of the Act, warranting quashing of proceedings.

23 Mar 2021

The present criminal petition was filed by Sri Avinash Subramanyam and Smt. Vani Sharma, former directors of M/s. Shimbu Imports and Exports (P) Ltd. ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Security Deposit Dispute. Court upholds arbitrator's finding that the amount was a refundable security deposit and not a loan, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

23 Jul 2019

The petitioners, A. S. Patel Trust and its trustees, challenged an arbitral award dated 12 October 2018 under Section 34 of the Arbitration and Concil...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

24 Sep 2018

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...

High Court

Bombay High Court Dismisses Company Application as Not Maintainable for Lack of Leave Under Section 446(2) of Companies Act, 1956. Applicants Sought Declaration Against Depositors Management Committee Without Prior Approval of Company Court.

22 Mar 2017

The judgment pertains to Company Application No.85 of 2014 filed by six applicants (Shri Kashinath R. Jhunjhunwala and others) against M/s Laxmichand ...

High Court

High Court of Karnataka Dismisses Official Liquidator's Claim Against KPTCL in Company Application Under Section 446(2)(b) of Companies Act, 1956 — Claim Barred by Limitation Under Section 458A. The court held that the claim for recovery of dues was filed beyond the extended limitation period, as the amounts became due on 6.10.2002 and the application was filed on 11.9.2008, even after excluding the period from the date of winding up petition (2.9.2002) to the winding up order (3.8.2004).

23 Jun 2015

The Official Liquidator of M/S. NGEF Ltd. (in liquidation) filed an application under Section 446(2)(b) of the Companies Act, 1956, seeking recovery o...

High Court

Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

22 Feb 2012

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...

High Court

Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

29 Sep 2005

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

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