C.A.No.108/CLB/MB/2013 in CP NO.3l (MUM)/2013 Decided on:11th December, 2013 Companies Act, 1956 – Section 169 – holding of Extra-Ordinary General Meeting (EOGM) -Company failing to hold EOGM inspite of directions – whether CLB can order the holding of the EOGM – Held, Yes. Brief Facts: This is the second round of litigation before the CLB. …
Decided on 21/03/2013 Companies Act, 1956 – Sections 391 & 394 – compromise with creditor – court sanctioned the scheme and kept one creditor out of the scheme – whether correct – Held,Yes. Brief facts: The appellant is aggrieved by the finding returned by the learned Company Judge in its order dated 31.03.2006. The learned …
Lakshmiji Sugar Milss Company & Anr v. Union Of India & Ors [Del] Read More »
[Decided on 05/04/2013] Companies Act, 1956 Sections 20 and 22 – incorporation of companies with identical names – later company directed to change its name merely on the ground that names are identical- whether tenable- Held, No. Brief facts: Petitioner company and Respondent No.4 companies are incorporated with idendtical name with the words “VOV cosmetic”. …
Vov Cosmetics Pvt Ltd & Ors v. Union Of India & Ors [Bom] Read More »
DECIDED ON: 15-10-2013 CASE IN BRIEF:Section 8 of Arbitration & Conciliation Act, 1996 read with Sections 397 & 398 of Companies Act, 1956 – Disputes relating to management of the company and also shareholders agreement-whether to be referred to arbitration- Held, No. FACTS: The Petitioner is an investor and had invested a sum of Rs. …
IN RE: VALAYA CLOATHING PRIVATE LIMITED & OTHERS (COMPANY LAW BOARD) Read More »
DECIDED ON: 08/07/2013 CASE IN BRIEF: Section 111A of Companies Act, 1956 – Loss of share certificates – fraudulent transfers – non- issuance of duplicate share certificate by company – whether petition is maintainable- Held, Yes. FACTS: The Petitioner has filed a petition under Section 111A of Companies Act, praying for an order for rectification …
SEBI (Delisting of Equity Shares) Regulations, 2009 – Regulation Listed company – promoter diluted 9% of its shareholding by way of approved Offer for Sale “OFS” scheme – later company opted for delisting which was approved by majority of shareholders – Board insisted that the company’s eligibility for delisting should be linked to its promoter’s …
Companies Act, 1956 – sections 391 and 394 – amalgamation – court’s power – whether court has power to direct investigation of money trail by RBI and DRI – Held, No. The appellant filed an application before the learned Single Judge proposing a scheme of amalgamation with Magic Tradelink Pvt. Ltd. and Moonlite Technochem Pvt. …
W.P. (C) 9003/2011 Decided on: 23rd July, 2013 Companies Act, 1956 – Section 210 – extension of accounting period – whether the decision is required to be taken within 3 months – Held, No. Brief Facts: Section 210 of the Companies Act, 1956 to the extent it is relevant for our purpose requires a company …
ROYAL ORCHID HOTELS LTD v. REGISTRAR OF TRADE MARKS & ANR [IPAB] OA/74 & 75/2009/TM/CH and M. P. Nos.125 & 126/2012 Decided on: 18/06/2013 Brief facts The appellant had applied for the registration of two trademarks i.e. words “Royal Orchid” and “Royal Orchid Hotels” taken as a whole. The respondent is the owner of the …
ROYAL ORCHID HOTELS LTD v. REGISTRAR OF TRADE MARKS & ANR [IPAB] Read More »
Appeal No: 31 of 2013 Decided on: 02/04/2013 CASE IN BRIEF: The Appellant acquired 13.59% of shareholding of PPL from a Clip Securities Pvt. Ltd (“Stock broker”) and 6.06% of shareholding of PPL from own account. As per provisions of Regulation-7 of SEBI Takeover Regulations, on acquiring shares or voting rights more than 5%, 10%, …
TROPICAL SECURITIES & INVESTMENTS PVT LTD V/s SEBI [DEL] Read More »
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