Court : Supreme Court of India
..... cosmic structures limited held that the power under section 434(1)(c) of the companies act, 2013 for transfer of a petition to nclt is discretionary and has to be exercised in the facts and circumstances of the case so as to expeditiously deal with the proceedings/winding ..... facts of the present case, the concurrent finding of the company judge and the division bench is that despite the fact that the liquidator has taken possession and control of the registered office of the appellant company and its factory premises, records and books, no irreversible steps towards winding up of the appellant company have otherwise taken place. ..... section 292, subject to the provisions of the companies act, 2013, the company liquidator shall, in the administration of the assets of the company and the distribution thereof among its creditors, have regard to any directions which may be given by the resolution of the creditors or contributories at any general meeting see section 292 ..... (2) the exercise of powers by the company liquidator under sub-section (1) shall be subject to the overall control of the ..... he appears to have done is to take possession and control of the registered office of the appellant company and its factory premises and its records and books.42. ..... the aforesaid scheme of winding up under chapter xx of the companies act, 2013, it is clear that several stages are contemplated, with the tribunal retaining the power to control the proceedings in a winding up petition even after it is .....
Tag this Judgment!Court : Supreme Court of India
..... if the liquidator does something, in exercise of his powers, any person aggrieved by such act or decision of the liquidator, is entitled to apply to the company court, under section 460(6) of the 1956 act and section 292(4) of the 2013 act. ..... therefore, in exercise of the power conferred by sub section (2) of section 434 of the companies act, 2013 read with sub section (1) of section 239 of the ibc, 2016, the central government issued a set of rules known as the companies (transfer of pending proceedings) rules, 2016.23. ..... (1) all petitions relating to winding up of a company under clause (c) of section 433 of the act on the ground of inability to pay its debts pending before a high court, and, where the petition has not been served on the respondent under rule 26 of the companies (court) rules, 1959 shall be transferred to the bench of the tribunal established under sub section (4) of section 419 of the companies act, 2013 exercising territorial jurisdiction to be dealt with in accordance with part ii of the code: provided that the petitioner shall submit all information ..... however, the 1956 act, as well as 2013 act make the exercise of the powers by the liquidator, subject to the overall control of the tribunal. .....
Tag this Judgment!Court : Delhi
..... the special judge then noted: in view of this, while exercising powers u/s 167 cr pc r/w/s 436 (1) (c) of the companies act 2013, judicial custody of the accused is extended for 14 days i.e. ..... it is submitted that the arrest in this case is in exercise of the powers of the sfio under section 212(8) companies act and therefore, the custody of the... ..... petitioner and one other person in exercise of the powers under section 212(8) companies act. ..... petitioner appeared to have committed offences punishable under section 447 of companies act 2013 , the... ..... the special judge too noted that he was exercising his powers under section 167 cr pc read with section 436 (1) (c) of the companies act. ..... this investigation was pursuant to an order dated 3rd may 2016 issued by the ministry of corporate affairs ( mca ), government of india under section 212 (1) (c) of the companies act, 2013 ( companies act ) which directed investigation into not only the affairs of bsl and bspl but thirteen other group companies, twelve of bspl and one of bsl. ..... petitioner, in his individual capacity, without proceeding against the companies he was promoter of or was controlling, is not illegal since the definition of fraud in terms of the explanation to section 447 of the companies act contemplates any person committing such fraud against a company. ..... (crl) 2453/2018 page 23 of 35 and any ongoing investigation of proceeding initiated by the government and statutory authorities against the company facing liquidation. .....
Tag this Judgment!Court : Jharkhand
..... 6 of 2013 swati concast & power private limited, a company incorporated under the provisions of the companies act, 1956 having its unit at bhadradih, giridih through its authorised signatory sri rajeev kumar gupta, son of late d.n. ..... 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. ..... 3196 of 2012 m/s balajee electrosttels limited, an existing company within the meaning of the companies act, 1956 and having its registered office at 203b, n.p. ..... 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. ..... chief engineer, dvc, fairly submitted that the dvc has no objection, if the petitioners are ready to pay the security amount as per the terms and conditions of the agreement read with section 47 of the electricity act and clause 10 (2) of the regulation. 12 7. ..... it is submitted that according to section 79 of the electricity act tariff determined by the central electricity regulatory commission (in short 'cerc') was applicable to the dvc, because dvc is generating and selling electricity in more than one state. .....
Tag this Judgment!Court : Jharkhand
..... 6 of 2013 swati concast & power private limited, a company incorporated under the provisions of the companies act, 1956 having its unit at bhadradih, giridih through its authorised signatory sri rajeev kumar gupta, son of late d.n. ..... 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. ..... 3196 of 2012 m/s balajee electrosttels limited, an existing company within the meaning of the companies act, 1956 and having its registered office at 203b, n.p. ..... 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. ..... chief engineer, dvc, fairly submitted that the dvc has no objection, if the petitioners are ready to pay the security amount as per the terms and conditions of the agreement read with section 47 of the electricity act and clause 10 (2) of the regulation. 12 7. ..... it is submitted that according to section 79 of the electricity act tariff determined by the central electricity regulatory commission (in short 'cerc') was applicable to the dvc, because dvc is generating and selling electricity in more than one state. .....
Tag this Judgment!Court : Jharkhand
..... 6 of 2013 swati concast & power private limited, a company incorporated under the provisions of the companies act, 1956 having its unit at bhadradih, giridih through its authorised signatory sri rajeev kumar gupta, son of late d.n. ..... 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. ..... 3196 of 2012 m/s balajee electrosttels limited, an existing company within the meaning of the companies act, 1956 and having its registered office at 203b, n.p. ..... 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. ..... chief engineer, dvc, fairly submitted that the dvc has no objection, if the petitioners are ready to pay the security amount as per the terms and conditions of the agreement read with section 47 of the electricity act and clause 10 (2) of the regulation. 12 7. ..... it is submitted that according to section 79 of the electricity act tariff determined by the central electricity regulatory commission (in short 'cerc') was applicable to the dvc, because dvc is generating and selling electricity in more than one state. .....
Tag this Judgment!Court : Jharkhand
..... 6 of 2013 swati concast & power private limited, a company incorporated under the provisions of the companies act, 1956 having its unit at bhadradih, giridih through its authorised signatory sri rajeev kumar gupta, son of late d.n. ..... 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. ..... 3196 of 2012 m/s balajee electrosttels limited, an existing company within the meaning of the companies act, 1956 and having its registered office at 203b, n.p. ..... 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. ..... chief engineer, dvc, fairly submitted that the dvc has no objection, if the petitioners are ready to pay the security amount as per the terms and conditions of the agreement read with section 47 of the electricity act and clause 10 (2) of the regulation. 12 7. ..... it is submitted that according to section 79 of the electricity act tariff determined by the central electricity regulatory commission (in short 'cerc') was applicable to the dvc, because dvc is generating and selling electricity in more than one state. .....
Tag this Judgment!Court : Jharkhand
..... 6 of 2013 swati concast & power private limited, a company incorporated under the provisions of the companies act, 1956 having its unit at bhadradih, giridih through its authorised signatory sri rajeev kumar gupta, son of late d.n. ..... 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. ..... 3196 of 2012 m/s balajee electrosttels limited, an existing company within the meaning of the companies act, 1956 and having its registered office at 203b, n.p. ..... 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. ..... chief engineer, dvc, fairly submitted that the dvc has no objection, if the petitioners are ready to pay the security amount as per the terms and conditions of the agreement read with section 47 of the electricity act and clause 10 (2) of the regulation. 12 7. ..... it is submitted that according to section 79 of the electricity act tariff determined by the central electricity regulatory commission (in short 'cerc') was applicable to the dvc, because dvc is generating and selling electricity in more than one state. .....
Tag this Judgment!Court : Jharkhand
..... 6 of 2013 swati concast & power private limited, a company incorporated under the provisions of the companies act, 1956 having its unit at bhadradih, giridih through its authorised signatory sri rajeev kumar gupta, son of late d.n. ..... 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. ..... 3196 of 2012 m/s balajee electrosttels limited, an existing company within the meaning of the companies act, 1956 and having its registered office at 203b, n.p. ..... 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. ..... chief engineer, dvc, fairly submitted that the dvc has no objection, if the petitioners are ready to pay the security amount as per the terms and conditions of the agreement read with section 47 of the electricity act and clause 10 (2) of the regulation. 12 7. ..... it is submitted that according to section 79 of the electricity act tariff determined by the central electricity regulatory commission (in short 'cerc') was applicable to the dvc, because dvc is generating and selling electricity in more than one state. .....
Tag this Judgment!Court : Jharkhand
..... 6 of 2013 swati concast & power private limited, a company incorporated under the provisions of the companies act, 1956 having its unit at bhadradih, giridih through its authorised signatory sri rajeev kumar gupta, son of late d.n. ..... 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. ..... 3196 of 2012 m/s balajee electrosttels limited, an existing company within the meaning of the companies act, 1956 and having its registered office at 203b, n.p. ..... 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. ..... chief engineer, dvc, fairly submitted that the dvc has no objection, if the petitioners are ready to pay the security amount as per the terms and conditions of the agreement read with section 47 of the electricity act and clause 10 (2) of the regulation. 12 7. ..... it is submitted that according to section 79 of the electricity act tariff determined by the central electricity regulatory commission (in short 'cerc') was applicable to the dvc, because dvc is generating and selling electricity in more than one state. .....
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