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Krishnamsetty Basav Rao and anr. Vs. Kobashi Machine Tools (P.) Ltd. a ...
Andhra Pradesh
Apr-21-2005
Company
Companies Act, 1956 - Sections 283(1), 394, 397, 398, 402, 433, 439, 439(1), 439(3), 443(2), 450 and 457; Indian Partnership Act - Sections 44
IV(2005)BC324; [2005]126CompCas426(AP); [2005]64SCL299(AP)
company petition is filed by the petitioners under Section 433(f), read with Section 439(1)(c) and (3) of the Companies Act, 1956 praying :(a) That M/s. Kobashi Machine Tools Private Limited, respondent-company be wound up under the orders and directions … 439 of the Companies Act, 1956 for winding up of the company. Though an application was filed under Sections 397 and 398 of the Act before the Company Law Board, prior to the filing of the aforesaid
Tag this Judgment! AI Brief & AskJanakalyan Sahakari Bank Ltd. Vs. Windmill Hotels Private Limited
Mumbai
Sep-28-2001
Company
Companies Act, 1956 - Sections 433, 434, 439 and 443(2); Maharashtra Co-operative Societies Act, 1960 - Sections 91 and 101
[2002]109CompCas311(Bom)
Co-operative Societies Act, 1960. It has prayed for an order under Sections 433, 434 and 439 of the Companies Act, 1956, to wind up the respondent-company alleging failure on the part of the respondent-company to pay the debt of
Tag this Judgment! AI Brief & AskV.V. Krishna Iyer Sons Vs. New Era Manufacturing Co. Ltd., Palghat
Kerala
Dec-09-1964
Company
Companies Act, 1956 - Sections 428, 433, 434(1), 439(2), 439(3) and 443(2); Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2
AIR1965Ker241
The petitioners will pay the company its costs and also bear their own. Company - winding up - Sections 433 (e) and 433 (f) of Companies Act, 1956 - petition seeking winding up on grounds mentioned in Sections … bulk of the creditors and members are before Court.5. The definition of, 'contributory' in Section 428 of the Companies Act, 1956 so as to include as holder of fully paid-up shares and the express provision in Sub-section (3) of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Yogi Pharmacy Ltd. Vs. Elegant Marbles and Grani Industries Ltd.
Allahabad
Sep-21-1998
Company
Companies Act, 1956 - Sections 433, 434 and 442; Negotiable Instruments Act, 1881 - Sections 138; Companies (Court) Rules, 1959 - Rules 6 and 9; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order XXXIX; Companies Act, 1862; Life Assurance Companies Act, 1870
1998(4)AWC527
A.K. Banerji, J.1. By means of the present application (A-10) filed under Section 442 of the Companies Act. 1956 (in short Act) read with Rule 9 of the Companies (Court) Rules. 1959, M/s. Yogi Pharmacy Limited (Applicant) … discloses that most of the cases which are pending against the company are either winding-up petitions filed under Sections 433 and 434 of the Act or proceedings under Section 138 of the Negotiable Instruments Act. So far as
Tag this Judgment! AI Brief & AskViral Filaments Limited Vs. Indusind Bank Limited
Mumbai
Mar-01-2000
Company
Companies Act, 1956 - Sections 433, 434, 434(1), 442, 446, 446(1), (2) and (3), 529, 529-A, 529 (1) and (2), 530, 537; Companies (Amendment) Act, 1960; Arbitration and Conciliation Act, 1996 - Sections 8; Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 19(2) and 19, 22, 25 and 34(1); Code of Civil Procedure (CPC), 1908 - Sections 73
2001(3)ALLMR737; [2003]113CompCas85(Bom)
due and payable, a petition for winding up of the Company was presented under Section 433(e) of the Companies Act, 1956. After the Petition was accepted and notice was issued to the Company, the Company appeared and opposed the … had filed a winding up petition against the debtor Company. The learned Company Judge made an order under Sections 442 and 537 of the Companies Act staying any further sales of the debtor Company's assets and also
Tag this Judgment! AI Brief & AskK. Mohan Babu Vs. Heritage Foods India Ltd., Hyd. and Others
Andhra Pradesh
Aug-24-2001
Company
Companies Act, 1956 - Sections 71, 162, 209-A, 219, 233, 233-A to 234, 269, 269(1), 283, 284, 309, 314, 397, 398, 433, 433(2) and 443(1); English Companies Act, 1948 - Sections 210 and 222; Companies (Amendment) Act, 1988; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1; Companies (Court) Rules, 1959 - Rule 9
2001(5)ALD800
to how to weigh the words 'just and equitable' employed in clause (f) of Section 433 of the Companies Act, 1956 while considering the plea for winding-up of the company.2. M/s. Heritage Foods (India) Limited (hereinafter referred to as … the facts and circumstances of the case, no order as to costs. Company - winding up petition - Sections 433 (f), 443 (2), 397 and 398 of Companies Act, 1956 - winding up petition under Section 433 (f)
Tag this Judgment! AI Brief & AskRegistrar of Companies Vs. Jaipur Stock Exchange Ltd.
Rajasthan
Mar-05-1987
Company
Companies Act, 1956 - Sections 433; Securities Contracts (Regulation) Act, 1956
[1987]62CompCas433(Raj)
P.C. Jain, J. 1. In this petition, under Section 439(5) read with Section 433(c) and (f) of the Companies Act, 1956, the Registrar of Companies as a petitioner has prayed that the respondent, M/s. Jaipur Stock Exchange Ltd., Jaipur, … articles of association of the company, it is clear that the company was incorporated within the meaning of Sections 12 and 25 of the Act for promoting commerce and other useful objects and it intends to apply
Tag this Judgment! AI Brief & AskShakuntala Rajpal and Others Vs. Mckenzie Philep (India) P. Ltd. and O ...
Delhi
Dec-05-1988
Company
Companies Act, 1956 - Sections 81, 155, 166, 224, 397, 398, 399, 402, 426, 428, 429, 430, 433, 439, 439(4), 441, 443, 443(1) and 443(2)
[1988]64CompCas585(Delhi)
Ranganathan, J.1. This is a petition under section 433 and 439 of the Companies Act, 1956, parrying that M/s.Mckenzie Philip (India) Pvt. Ltd. (respondent No.1) (hereinafter reefer to as 'the company') be wound up. … purchase of their shares by the other respondents, that relief can be south only in a petition undue sections 397 and 398. This petitioners has not been filed under those provision. Indeed, it could not have been
Tag this Judgment! AI Brief & AskShri Ram Phal Chaudhary Vs. Yashu Forests (India) Ltd.
Punjab and Haryana
Feb-08-2000
Company
Companies Act, 1956 - Sections 433 and 434
[2001]103CompCas25(P& H)
Ram Phal Chaudhary (hereinafter described as 'the petitioner') under Sections 433, 434 read with Section 439 of the Companies Act, 1956 (for short 'the Act') seeking winding up of the respondent-company.2. The facts alleged are that the petitioner deposited
Tag this Judgment! AI Brief & AskMysore Sales International Ltd. Vs. United Breweries Ltd.
Karnataka
Apr-19-2002
Company
Companies Act, 1956 - Sections 433 and 434(1); Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968; Limitation Act, 1963 - Sections 72
[2002]112CompCas391(Kar)
in C. P. No. 32 of 1999.3. The petitioner is a company incorporated under the provisions of the Companies Act, 1956, its registered office is situate at MSIL House, No. 36, Cuningham Road, Bangalore. The object of the company … by a catena of decisions of different High Courts of the country, that the word 'may' used in Sections 433 and 443 is indicative of the fact that even if one or more ground mentioned in Section 433
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