Search Results for "leave under Section 446 Companies Act, 1956"

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Search Results for "leave under Section 446 Companies Act, 1956"

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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

Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

6 May 2016

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

High Court

High Court of Judicature at Bombay Addresses Requirement of Leave Under Section 446 of Companies Act, 1956 and Applicability of IBC Moratorium in Admiralty Proceedings. Court Considers Whether Admiralty Suits Are Affected by Company Liquidation Under Section 446 of Companies Act, 1956 and Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 in Light of Competing Claims of Maritime Creditors and Operation of Insolvency Law.

19 May 2020

The proceedings arose from multiple admiralty suits filed before the High Court of Judicature at Bombay, wherein orders of arrest of defendant vessels...

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

High Court of Bombay Considers Official Liquidator's Plea for Handover of Assets and Records of Companies in Liquidation. Law Enforcement Agencies' Seizure of Properties and Books of Account Examined in Context of Winding Up Proceedings Under Companies Act, 1956.

9 Jun 2017

The proceedings involved multiple Official Liquidator’s Reports and a Company Application arising out of the winding up of M/s. City Limouzines (Ind...

High Court

High Court of Judicature at Bombay Examines Company Law Board's Power to Direct Issue of Shares Under Section 111 of Companies Act, 1956. The appeal raises the question whether the Board can order issuance of share certificates and rectification of register absent valid transfer documents.

9 May 2014

This company appeal arose from an order of the Company Law Board (CLB) dated 14 January 2013 in Company Petition No. 23 of 2012. The CLB had directed ...

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

High Court Permits Official Liquidator to Break Open Lock and Take Physical Possession of Company Premises Despite Collusive Tenancy Decrees Obtained After Winding Up Without Leave Under Section 446 Companies Act, 1956. The court held that decrees obtained without leave under Section 446 are void and the Official Liquidator is entitled to possession.

30 Aug 2019

The Official Liquidator filed a report seeking permission to break open the lock put by the ex-management of J.B. Diamonds Limited (in liquidation) an...

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 Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

26 Jul 2018

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

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