Judgment Search Results Home > Cases Phrase: companies act 1956 section 192a passing of resolutions by postal ballot Page 1 of about 6 results (0.107 seconds)

In Re: Automobile Products of

Court : Company Law Board CLB

Reported in : (2005)127CompCas941

..... this petition has been filed under section 17 of the companies act, 1956 for altering the situation clause ii of the memorandum of association of the company, consequent to passing of a special resolution pursuant to the provisions of section 192a of the companies act, 1956 through postal ballot for shifting the registered office of the petitioner company from the state of maharashtra to the state of tamil nadu.2. ..... .accordingly, the alteration in the memorandum of association of the petitioner company as approved by special resolution by the shareholders of the company through postal ballot is hereby confirmed as set forth in the schedule hereto and forming part of this order, subject to the condition that the company shall ensure compliance with the directions of the labour court in cases filed by the ex-employees/executives/supervisory staff.resolved that pursuant to the provisions of section 17 of the companies act, 1956, clause ii of the memorandum of association be altered by the substitution ..... accordingly, he sought for confirmation of the special resolution passed by postal ballot for shifting the registered office of the company from the state of maharashtra to the state of tamil nadu.5. .....

In Re: Europlast India Ltd. a Company Incorporated Under Companies Act ...

Court : Mumbai

..... 'resolved that pursuant to section 192a and other applicable provisions, if any, of the companies act, 1956 and the rules made there under, approval of the board be and is hereby accorded to conduct a postal ballot to seek the approval of the members of the company by an ordinary resolution to sell/transfer/and/or otherwise dispose off the property of the company situated at khopoli-pen road, village vanvate, taluka khalapur, ..... moreover, no resolution of postal ballot having been passed is placed on ..... is also stated that the directors of the 'e' company passed board resolution on 28th august, 2006, wherein an approval of board was accorded to conduct a postal ballot to seek approval of the members of the company to sell, transfer, dispose of the suit property. ..... it was argued that 'e' company could not have passed resolution to evoke consent of the members of the company to sell or transfer the suit property by postal ballot as the company was not listed on stock-exchange at the ..... 673 of 2003 for staying auction to be held on 5th august, 2003.5) some of the unsecured creditors also took out company application for relief as mentioned therein.6) by an order dated 12th february, 2004 passed by this hon'ble court in the above company applications, a committee of unsecured creditors was appointed to facilitate sale of the immovables assets of the company so as to recover proper sale proceeds corresponding to the fair market price of the said assets.7) the committee was consisting of .....

Essar Steel Ltd.

Court : Gujarat

Reported in : [2006]130CompCas123(Guj); (2006)5CompLJ83(Guj); [2005]59SCL457(Guj)

..... postal ballot, in exercise of its powers conferred by section 192a read with clauses (a) and (b) of sub-section (1) of section 642 of the companies act, 1956 ..... companies act, 1956 before this court seeking following prayers :-(a) that the reduction of the share capital of the petitioner by cancellation of part of equity share capital being 20,47,33,113 (twenty crore forty seven lacs thirty three thousand one hundred and thirteen) equity shares of the face value of rs.10/- and fresh issuance of preference shares in lieu thereof as resolved by the special resolution of the petitioner at its 27th annual general meeting held on july 19, 2003 be confirmed and passed ..... passing of resolution by postal ballot ..... resolutions may be passed through postal ballot ..... by this hon'ble court;(b) that the proposed minutes as set out in para 14 hereinabove, be approved;(c) that the procedure laid down under section 102(2) and (3) of the act, as regards the creditors be dispensed with, on such terms ..... every 10 equity shares of rs.10 each held and in lieu of such cancellation, the petitioner will issue and allot preference shares as provided in the resolution passed on july 19, 2003 at the 27th annual general meeting and the remaining 6 equity shares shall be held by the shareholders as equity shares of rs.10/- each without any alterations.11. .....

In Re: Kharikatia Tea and

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... 2004, similar resolution was passed by the shareholders through postal ballot in terms of the provisions of section 192a of the companies act, 1956, approving the transfer of control and management of the target company to the acquirers ..... chances of competitive bidding as the acquirers had already acquired control over the target company through special resolution providing the facility of postal ballot in terms of section 192a of the companies act, 1956. ..... after being satisfied regarding dispatch, of resolution regarding postal ballot to shareholders of the target company, by post under certificate of posting, the takeover panel vide its report dated september 23, 2005 recommended as under - on the facts stated in the application and considering the reply dated 24th august, ..... resolution was dispatched to all members of the target company by way of post under certificate of posting for voting through postal ballot. ..... kharikatia tea and industries limited (hereinafter referred to as 'the target company') is a public limited company incorporated under the companies act, 1956 and having its registered office at 11/1, sarat bose road, kolkata ..... as per the above application, the shareholding pattern of the target company, before and after the proposed acquisition is as under: 6.2 i find that the acquirers are already in control of the target company by virtue of the special resolutions passed by the target company and such change in control has taken place under the proviso to regulation 12 .....

Dcm Shriram Industries Ltd. Vs. Hb Stockholdings Ltd. and ors.

Court : Delhi

..... a notice dated 18.10.2007 was also issued under section 192a of the act for passing of the said resolution by way of postal ballot. ..... by the impugned order, the company law board has dismissed an application being ca no.12/c.no.1/2013, filed by the appellant company, inter alia, seeking dismissal of the petition filed by the respondent no.1 under section 397 and 398 of the companies act, 1956 being cp no.192/2007. ..... in reply, the company has stated that the complainant had pursued the remedy provided under sections 397/398 of the companies act, 1956, alleging oppression and mismanagement by opting for preferential issue and not rights issue and the matter was pending before the hon ble clb. ..... respondent no.1 has also challenged the order passed by sat on the ground that the scope and ambit of the proceedings and findings of sebi and that of the company law board under section 397 and 398 of the companies act are distinct . ..... coram:hon ble mr justice vibhu bakhru judgment vibhu bakhru, j1 the present appeal has been filed by the appellant company under section 10f of the companies act, 1956 challenging the order dated 10.12.2013 passed by the company law board in cp no.192/2007 (hereinafter referred to as the impugned order ). ..... the companies act, 1956 is hereinafter referred to as the act .2. .....

Archana Bansal Vs. Nepc India Ltd.

Court : Chennai

Reported in : [2008]88SCL97(Mad)

..... applicant/plain tiff is that she is a shareholder of d1-nepc and has received a notice under section 192a(2) of the companies act, 1956 ('the act') seeking for consent from the shareholders to accord sanction by the board of directors of the company to enter into an agreement with d2-swl for transfer, sale or otherwise dispose of d1-nepc's ..... the approval of the above resolution by the shareholders would show that the procedural requirements under the companies act, 1956 for the sale of the wind energy division by d1- ..... section 192a(2) of the act was sent seeking for approval by postal ballot ..... following contentions:the plaintiff has not disclosed material facts and, therefore, she is not entitled to the equitable relief of interim injunction.when all the shareholders including the plaintiff have given their approval by postal ballot for sale of wind energy division to d2-s wl as a going concern, the plaintiff alone, as a shareholder, cannot raise objection.the interim injunction sought for against d2-swl not to carry on ..... company board's power and discretion are wide enough to determine the matter especially when the resolution for the slump sale agreement was approved by the shareholders by postal ballot ..... said communication, d1-nepc has also enclosed the extract of the resolution passed by the board of directors of d1-nepc at its meeting ..... the passing of the order of interim injunction and its continuance would cause harm to d2-swl and, therefore, the applicant/plaintiff is not .....

Neeraj Singal vs.union of India and Ors.

Court : Delhi

..... another aspect of the matter, which has been adverted to, is the applicability of section 217 (7) companies act which states that the notes of an examination of an arrested person under section 217(4) companies act shall be taken down in writing and shall be read over to or signed by the person examined and may thereafter be used in evidence against him . ..... (crl) 2453/2018 page 24 of 35 for three years or more, whereas under section 212(6)(ii) companies act, the higher threshold is applicable only where the offence is under section 447 companies act which has been made cognizable, and this is irrespective of the length of punishment. ms. ..... whether the fact that bsl was under investigation by the sfio and whether this considered as part of the decision-making process of the nclt which approved the resolution plan is a question which does not find an answer in the records shown to the court in the process of hearing the present interim application.46. ms. ..... tushar mehta has clarified that the supreme court had, in fact, not stayed the order passed by this court in rajbhushan omprakash dixit (supra) which took a view contrary to that of the co- ordinate bench of this court in moin ahktar qureshi (supra) and vakamulla chandrashekhar (supra) and referred to the larger bench the ..... it had no corresponding provision in the earlier companies act 1956. .....

Ms Tulsyan Metals Pvt Ltd Vs. Damodar Valley Corporation

Court : Jharkhand

..... 3976 of 2012 balmukund sponge and iron limited, a company incorporated under the provisions of the companies act, 1956 having its registered office at 603, shanti kunj apartment, chajjubagh, patna, bihar, through one of its director sri abhishek kanodia, son of naval kumar kanodia, resident of 38a/1 new road, kolkata, west bengal. ..... 3200 of 2012 m/s hindustan malleables & forging limited, an existing company within the meaning of the companies act, 1956 and having its office & works at jalan nagar, bhuli, dhanbad, jharkhand through its managing director sri dilip kumar gopalka, son of sri shyam sunder gopalka, resident of basera complex, ashok nagar, p.o. ..... 2706 of 2012 m/s aloke steel industries private limited, a company incorporated under the provisions of companies act, 1956 having its unit at hesla, ramgarh cantonment through one of its director ram chandra rungta, son of late ram kumar rungta resident of main road, ramgarh cantonment, p.o. & p.s. ..... 2722 of 2012 m/s jharkhand ispat private limited, a company incorporated under the provisions of companies act, 1956 having its unit at hesla, ramgarh cantonment through one of its director sri rajeev kumar agarwal, son of sri durga pd. ..... 4th september, 2014 as per the terms and conditions of the agreement read with section 47 of the electricity act, 2003 and clause 10 (2) of the jharkhand electricity supply regulation code, 2005. ..... in the above counter affidavit the dvc annexed the order dated 30.09.2013 passed in petition no. .....

M/S Dayal Steels Ltd. Vs. Damodar Valley Corporation and A

Court : Jharkhand

..... 3976 of 2012 balmukund sponge and iron limited, a company incorporated under the provisions of the companies act, 1956 having its registered office at 603, shanti kunj apartment, chajjubagh, patna, bihar, through one of its director sri abhishek kanodia, son of naval kumar kanodia, resident of 38a/1 new road, kolkata, west bengal. ..... 3200 of 2012 m/s hindustan malleables & forging limited, an existing company within the meaning of the companies act, 1956 and having its office & works at jalan nagar, bhuli, dhanbad, jharkhand through its managing director sri dilip kumar gopalka, son of sri shyam sunder gopalka, resident of basera complex, ashok nagar, p.o. ..... 2706 of 2012 m/s aloke steel industries private limited, a company incorporated under the provisions of companies act, 1956 having its unit at hesla, ramgarh cantonment through one of its director ram chandra rungta, son of late ram kumar rungta resident of main road, ramgarh cantonment, p.o. & p.s. ..... 2722 of 2012 m/s jharkhand ispat private limited, a company incorporated under the provisions of companies act, 1956 having its unit at hesla, ramgarh cantonment through one of its director sri rajeev kumar agarwal, son of sri durga pd. ..... 4th september, 2014 as per the terms and conditions of the agreement read with section 47 of the electricity act, 2003 and clause 10 (2) of the jharkhand electricity supply regulation code, 2005. ..... in the above counter affidavit the dvc annexed the order dated 30.09.2013 passed in petition no. .....

M/S Maihar Alloys (P) Ltd. Vs. Damodar Valley Corporation and A

Court : Jharkhand

..... 3976 of 2012 balmukund sponge and iron limited, a company incorporated under the provisions of the companies act, 1956 having its registered office at 603, shanti kunj apartment, chajjubagh, patna, bihar, through one of its director sri abhishek kanodia, son of naval kumar kanodia, resident of 38a/1 new road, kolkata, west bengal. ..... 3200 of 2012 m/s hindustan malleables & forging limited, an existing company within the meaning of the companies act, 1956 and having its office & works at jalan nagar, bhuli, dhanbad, jharkhand through its managing director sri dilip kumar gopalka, son of sri shyam sunder gopalka, resident of basera complex, ashok nagar, p.o. ..... 2706 of 2012 m/s aloke steel industries private limited, a company incorporated under the provisions of companies act, 1956 having its unit at hesla, ramgarh cantonment through one of its director ram chandra rungta, son of late ram kumar rungta resident of main road, ramgarh cantonment, p.o. & p.s. ..... 2722 of 2012 m/s jharkhand ispat private limited, a company incorporated under the provisions of companies act, 1956 having its unit at hesla, ramgarh cantonment through one of its director sri rajeev kumar agarwal, son of sri durga pd. ..... 4th september, 2014 as per the terms and conditions of the agreement read with section 47 of the electricity act, 2003 and clause 10 (2) of the jharkhand electricity supply regulation code, 2005. ..... in the above counter affidavit the dvc annexed the order dated 30.09.2013 passed in petition no. .....