MADHU KAPUR, WIFE OF LATE CO-FOUNDER OF YES BANK, ASHOK KAPUR VS YES BANK LIMITED & RANA KAPOOR, MANAGING DIRECTOR OF YES BANK LIMITED I. KEY NOTE OF THE CASE: Can successors of the Late Company- founder of Yes Bank Limited nominate Directors to the Board? Can successors of Late Company- founder of the Company …
Case decided on 7th August, 2014 I. Case Note: Whether creditors can file a petition for winding up of a company under the Companies Act, 1956 (“CA 1956”), in case the respondent has not made payment for materials supplied by the Petitioner ? – No II. Brief Facts: The Petitioner (i.e., Ashok Aggarwal) has filed …
Ashok Aggarwal (Petitioner) Versus Amitex Polymers Pvt. Ltd. (Respondent) Read More »
Case decided on 01.06.2015 C.V. Nagarjuna Reddy, J. (decided on 01.06.2015) Three petitions are filed under Sections 433, 434(1) (c) and 439(1)(b) of the Companies Act,1956 (for short, ‘the Act’) for an order to wind up the respondents for non-payment of the alleged debts due to the petitioner Brief Facts: The petitioner is an investment …
BlueOrchard Microfinance Fund (Appellants) Versus Share Microfin Limited (Respondent) Read More »
Criminal Appeal No. 568 of 2008 S. Muralidhar, J.[Decided on 31/07/2014] Foreign Exchange Regulation Act,1973- section 68- offences by company- director’s vicarious liability-nonexecutive director- non submission of proofs of imports – SCN issued to the company and its directors- no specific averments in the SCN- reply of the director not considered by Assessing officer (AO)– …
UMESH K. MODI (Appellant) Vs. DEPUTY DIRECTOR OF ENFORCEMENT [DEL] (Respondent) Read More »
Case Decided On: 17-03-2015 J. Chelameswar & R.K. Agrawal, JJ. [Decided on 17/03/2015] Section 186 of the Companies Act 1956 read with section 9 of Civil Procedure Code,1908 – disputes in holding general meeting – civil court admitted the suit filed by respondent – appellants contested that the issue should go before CLB – whether …
Jyoti Limited & Others (Appellants) Versus Bharat J. Patel & Others (Respondents) Read More »
Companies Petition No: 148 of 2014 Case Decided On: 13-01-2015 Brief Facts: The Petition was filed by the SHAHIREAL TECH PVT LTD (herein after referred as Petitioner) seeking winding up of the CELEBRATION CITY PROJECTS PVT LTD (herein after referred as Respondent) for the alleged failure to pay the sum Rs. 17,26,41,591/- The contention of …
SHAHIREAL TECH PVT LTD (Petitioner) V/S CELEBRATION CITY PROJECTS PVT LTD (Respondent) Read More »
Arbitration Petition No.: 6 of 2014 Case decided on: – 16-2-2015. Facts of the Case: There existed an agreement between above mentioned parties. The arbitration clause incorporated in the agreement regarding sale contract dated 2nd May, 2011 stated as follows: “Disputes: In case of any dispute arising out of this agreement between the parties, the …
COMPANY PETITION NO: 207/2014 DECIDED ON: 16/12/2014 Companies Act, 1956- Sec. 560- Restoration of struck off Company- allowed subject to cost of Rs. 75,000/-. BRIEF FACTS: The Petitioner Company was Incorporated on 12th May, 1997, as a Private Limited Company. The Board of Directors in the meeting held on 20th Feb, 2014 noticed that the …
POSH EXPORTS PRIVATE LTD v. THE REGISTRAR OF COMPANIES [DEL] Read More »
RAJ KUMAR PRASAD & ANR. VS ABBOTT HEALTHCARE PVT. LTD. on 10 September, 2014 Whether the registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity which keeps on arising? The consistent view taken by learned Single Judges is that such a suit would be maintainable and thus by …
Company Law Board (CLB), Mumbai Bench, rejected rectification of Register of Members pursuant to Section 111(4) & 111 A of the Companies Act, 1956 (now Section 58 & 59 of the Companies Act, 2013). (Re: M/s Badve Engineering Limited in CP No 19 of 2013) Background: The Board of Directors of M/s Badve Engineering Limited …
Wrong filing of Form 2 (now PAS 3) cannot be treated as mere clerical mistake Read More »
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