Judgment Search Results Home > Cases Phrase: bangalore city civil court act 1979 section 2 definitions Court: company law board clb Page 1 of about 13 results (0.216 seconds)

Shri Rajesh Sheth and Smt Bindu S. Vs. Vision Technology India Limited

Court : Company Law Board CLB

Reported in : (2004)56SCL69

..... which were sent to him for sale, were missing from his office and advised not to transfer these shares in favour of any person approaching with such request, compelling the second respondent to file a civil suit before the city civil court at bangalore and obtained a restraint order prohibiting the company, from giving effect to transfer of any of these shares. ..... petitioners are at liberty to urge the other contentions before the city civil court, bangalore in term of the order dated 13.12.2002 of the high court of karnataka. ..... second respondent had filed a suit in collusion with the company before the city civil court, bangalore in o.s.no. ..... thereafter, the petitioner got himself impleaded in the civil suit and after hearing the parties, the city civil court was pleased to dismiss the injunction application, vacating the temporary injunction already granted, against which the second respondent filed an appeal in mfa ..... this is a petition filed under section 111a of the companies act 1956 ('the act') seeking directions of this bench against m/s vision technology india limited ('the company') and its executive director to rectify the register of members of the company by entering the name of the petitioners in respect of 9800 equity shares ..... view of this, i hereby direct the company to register transfer of the impugned shares in favour of the petitioners within 30 days of lodgement of the instruments of transfer by the petitioners in accordance with the provisions of section 108 of the act. .....

Vijaya Commercial Credit Ltd. Vs. T.K. Alwa (Late) and ors.

Court : Company Law Board CLB

Reported in : (1994)79CompCas656

..... of 1989) on the file of the city civil court, bangalore, against the wife and children of late ..... money also a separate suit has been filed in the court of the city civil judge, bangalore, in o. s.no. ..... refusal as mala fide and against the interest of the company and also that it has been done on wrong principles and is contrary to the articles of association of the company and the provisions of the act.according to the transferee, it is a third party and, therefore, not concerned with whatever rights the company may have against the transferor and the same should not be enforced against the transferee by refusal of ..... on which the company has refused the transfer have not been covered under any of the four grounds under which a transfer could be refused as provided in section 22a(4) of the act.even though at the time of passing the board resolution, the board of directors felt that since two cases have been filed in a court of law and the matter is sub judice, yet in the absence of any stay order or an injunction from the ..... the company, it would definitely have its director elected as director of the petitioner-company and since the directors of ferrom have another company in the name of shetty leasing (india) limited which is in competition with the business of the company, there would be conflict of interest which would be prejudicial to the interest of the company.under these circumstances and also in view of the fact that two cases are still pending in courts, learned counsel for .....

Standard Distilleries and Vs. Shoe Specialities Pvt. Ltd. and

Court : Company Law Board CLB

Reported in : (1995)83CompCas727

..... by the respondents to see that sspl remains under their control.on may 13, 1992, an application was made for freezing the voting rights of sspl in gwl failed ; on may 20, 1992, a suit was filed in the bangalore city civil court to prevent tracstar directors from acting and failed ; on may 20, 1992, gwl turned down the share transfer applications of trident, the beneficial interest being with tracstar and on june 5, 1992, bogus shares were issued ; a requisition resolution defeated ..... it is also stated in the reply that the order of the company law board to set aside the allotment of 20,000 shares had been challenged in the high court of delhi under section 10f of the companies act and the high court of delhi ruled that it had jurisdiction to entertain the appeal and the order of the high court has been challenged in the supreme court and the same is pending. ..... --the petition under section 397/398 in the matter of sspl-the filing of petition in the city civil court at bangalore, etc. ..... accordingly, we dispose of this petition with the directions to the board of directors of sspl to act on the requisition lodged by petitioner on october 8, 1993, as per the provisions of section 169 of the companies act as if requisition has been lodged with sspl on june 21, 1994. ..... this is a petition filed under section 397/398 of the companies act, 1956 (hereinafter referred to as "the act"), alleging acts of oppression and mismanagement in the matter of shoe specialities pvt.ltd. .....

Dr. T.N. Raghunath and Smt. Vs. Lake Side Medical Centre Private

Court : Company Law Board CLB

Reported in : (2007)137CompCas741

..... balaram, applied on 05.01.2004 before the court of the city civil judge at bangalore ("the court") under section 372 of the indian succession act, for grant of succession certificate in favour of the second petitioner in respect of, inter-alia, the shares held by ..... the civil suit filed before the city civil court, bangalore by the first petitioner is to enforce the lease hold rights of ..... its communications dated 03.08.2004 and 04.03.2005 (annexures - a19 & a21) assured the second petitioner to effect the transmission, but failed to act in terms of its assurances.the order dated 03.07.2004 of the court of additional city civil judge, bangalore empowered the second petitioner and her daughters to get the transfer of shares in their favour. ..... later, by an order dated 18.07.2005 of the court of city civil judge, bangalore, the succession certificate came to be amended, thereby authorizing the second petitioner to get the shares transferred in her name and in the name of her two daughters, a copy of which was forwarded to the company ..... according to the petitioners, nanjundiah group, kincha group and several others had formed as early as in november, 1979 a partnership firm under the name and style of "lake side medical centre" for the purpose of "purchasing lands or taking lands on lease, to construct the building including the nursing homes and let ..... allotment from the view of fairness and probity, i find that the said allotment is definitely an act of oppression against the petitioners. .....

Winfred Investments Limited and Vs. Mainstay Teleservices Private

Court : Company Law Board CLB

Reported in : (2004)121CompCas365

..... 1981 of 2002 before the city civil court, bangalore for an order of permanent injunction restraining the second respondent from acting as the managing director of the company and from interfering with the day-to-day affairs of the ..... issues that arise for our consideration are whether the petitioners have made out a case under section 398 of the act and if so, whether they are entitled for the reliefs claimed in the company petition. ..... petitioners holding 97.70 per cent of the paid-up capital of m/s mainstay teleservices private limited ("the company") have filed this petition under section 398 of the companies act, 1956 ("the act") alleging acts of mismanagement in the affairs of the company.2. ..... the pendency of the company petition an extraordinary general meeting was hold on 20.04.2002 and necessary resolution was passed under section 284 removing the second respondent from the office of director. ..... the petitioners cannot claim any relief by virtue of section 398(b), especially when the second respondent does not intend to bring about material change in the management and control of the company, which may result in the affair of the company being conducted in a manner prejudicial ..... according to section 8 of the arbitration and conciliation act, 1996, a judicial authority before which an action is brought in a matter which is covered by an arbitration agreement shall refer the parties to arbitration provided a party applies before such judicial authority not later than submitting his .....

Kartikey Agarwaal, Renu Agarwal, Vs. Natural Remedies Private

Court : Company Law Board CLB

Reported in : (2006)5CompLJ145

..... of valuation of shares, value of trade mark in respect of the products manufactured or marketed by the company will be excluded in view of the pendency of the civil suit filed by the petitioner before the city civil court, bangalore. ..... estate enterprises (p) ltd - (1991) 3 comp l j - 336 (karn) - to show that any person claiming relief under section 397 & 398 must act in good faith, which can be tested by the conduct of such person as reflected not only in the proceedings under section 397/398 but also in the parallel proceedings in the civil courts and in all other civil litigations in other courts. ..... all hurdles arising out of any division of the units must be weighed in the light of reliefs which are warranted to bringing to an end the acts complained of in the company petition, which are being considered separately.a summary of the relevant observations and findings of the valuer set out in the report dated 07.07.2004 on divisibility of ahp and hhp.units is ..... this company petition is filed under sections 397, 398, 402, 403 and 409 of the companies act, 1956 ("the act") alleging that the affairs of m/s natural remedies private limited ("the company"), a private limited company incorporated in april, 1998 and engaged, inter-alia, in manufacture and sale of vetenery medicines, animal feeds ..... i, therefore, in exercise of the powers under section 402 of the act, direct accordingly division of the units with a view to put an end to the stage of stalemate and to ensure smooth parting of .....

P. Muniswamappa Sonnegowda and Vs. Mysore Lighting Works Private

Court : Company Law Board CLB

Reported in : (2008)81SCL62

..... 10663 of 2005 on the file of city civil court, bangalore, restraining the fourth respondent herein, from acting upon the resolution passed at the extra ..... 2 and 3 subsequently obtained an order of injunction in o.s.no.10663 of 2005 before the city civil court, bangalore, from implementing the resolution passed by the members, removing them from the office of director ..... directors; (vi) depriving the petitioners of their right to information of the affairs of the company; (vii) carrying on business of the company as if a partnership business; and (viii) non-issue of share certificates, have invoked the provisions of sections 397 and 398, seeking the following reliefs: (d) to appoint an administrator for management and administration of the company; (f) to appoint an investigative auditor for auditing the accounts and affairs of the company; and (g) to convene the annual ..... accounts of the company and held only one annual general meeting for the period from 18.12.2003 to 31.03.2005 after a period of 15 months on 30.05.2005, without consent of, the registrar of companies under section 210 (4) of the act, are justified, yet convening of such annual general meeting on 30.05.2005 cannot out-rightly be rejected, in the light of the records produced before the bench, of course belatedly by the respondents 2 and 3. ..... if the pleadings and/or the evidence adduced in a proceeding remains unsatisfactory to arrive at a definite conclusion of oppression or mismanagement, the petition must be rejected. .....

Smt. Pushpa Singh Vs. Bpl Limited

Court : Company Law Board CLB

Reported in : (2002)110CompCas82

..... 10380 of 1995 on the file of city civil court at bangalore for recovery of rs. ..... 10380/95 before the city civil court at bangalore. ..... 10380 of 1995 on the file of city civil judge court at bangalore for recovery of rs. ..... the civil suit for the reduced claim against shree electronics is pending for adjudication.the applicant has to go by the order of the civil court and the disputed issue cannot be adjudicated before the clb. ..... shri santhosh further pointed out that the suit filed by shree electronics before the civil judge court at lucknow against the company has also been dismissed. ..... this is an application filed under section 58a(9) of the companies act, 1956 ('the act') against bpl limited (formerly known as british physical laboratories india limited) ('the company') for non-repayment of the deposit amount together with interest. ..... the applicant had also preferred an application under section 20 of the arbitration act, 1940 in the suit no. ..... shree electronics had filed a civil suit before the civil judge court at lucknow in o.s. no. ..... the applicant is a party to the civil suit which is prior in time. ..... the applicant is one of the partners of shree electronics.the dealership agreement between shree electronics and the company came to be terminated, upon which the company had filed a civil suit on 7-4-1995 in o.s. no. ..... 10380 of 1995 filed by the company for stay of the suit proceedings till disposal of the arbitration suit filed before the lucknow court. .....

Asia Stone S.L. Vs. B. and G. Impex (P.) Ltd.

Court : Company Law Board CLB Chennai

..... that the company application is filed only to circumvent the order passed by the city civil court, bangalore in the o.s. no. ..... two additional directors, who were the only members of the board at the time of holding the said agm could hold office only upto the date of the said agm in terms of section 260 of the act and that the company as on date has no directors to look after its interest or carry on the business and have effective control over the affairs of the company. ..... stradmann ceased to be directors of the company, they cannot continue as directors of the company by virtue of provisions of section 260 of the companies act, according to which the additional directors shall hold office only up to the date of the next annual general meeting of ..... the present company application is filed under section 186(1) of the companies act, 1956 (the act) before this bench seeking various reliefs as prayed in para 8 ..... of the respondents that no notice under section 169 of the act was issued by the applicant is denied and ..... in these circumstances, the applicant invoking the provisions of section 186 of the act for passing appropriate orders/directions in the interest of justice and prayed that the company law board may appoint an independent chairman and also give directions in relation to calling/holding and ..... that the company is not having board of directors, the contention of the respondents that the applicant could have invoked the provisions of section 169 of the act does not have any merit. .....

Bertrand Faure Sitztechnik Gmbh Vs. Ifb Automotive and Seating

Court : Company Law Board CLB

Reported in : (1999)97CompCas690

..... 18 of 1998, filed by the first respondent against the first petitioner in the city civil court, bangalore, wherein the former has made a claim of about rs. ..... this application has been made under section 634a of the act which reads as follows : "any order made by the company law board may be enforced by that board in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be for lawful for that board to send, in the case of its inability to execute such order, to the court within the local limits of whose jurisdiction : (a) in the case of an order against a company, the registered office ..... , senior advocate, appearing for the respondents submitted that the application is misconceived and not maintainable.according to him, the question of treating the order of the company law board dated april 17, 1996, as a decree in terms of section 634a of the act does not arise as this order is not a money decree. ..... 238 of 1998, filed by the petitioners under section 634a of the companies act ("the act") read with regulation 44 of the company law board regulations, 1991, in c. p. no. ..... 2.86 crores being the consideration for the shares in spite of the permission received from rb1 for transfer of shares and as such in terms of section 634a, the company law board should order execution of the terms of settlement. ..... 47 of 1995 filed under section 397/398 of the act in the matter of m/s. r. h. w. .....