Court : Karnataka
..... not obeyed. however, there is no such procedure prescribed to execute order of clb particularly after proviso is added to section 634-a of the companies act, 1956, vide companies (second amendment) act, 2002. 6. however, exercising power conferred on the supreme court under article 136 read with article 142 of the constitution of india they ..... court. in the aforesaid judgment a reference is also made to section 634a. learned counsel for complainant submits though companies (second amendment) act, 2002 was inserted by act no.11 of 2003 the said amendment act has not come into force. if it is so section 634a applies.8. it was contended section 634a is attracted ..... the board. however, section 634a which provides for enforcement of orders of company law board deals only with final orders. more over by the companies (second amendment) act 2002, said proviso has been made inapplicable. on the contrary regulation 47 of the company law board regulations, 1991 declares that a bench shall be deemed to .....
Tag this Judgment!Court : Delhi
..... six months immediately preceding for presentation of the petition for winding up.10-f. appeals against the orders of the company law board.any person aggrieved by any decision or order of the company law board 2[made before the commencement of the companies (second amendment) act, 2002] may file an appeal to the high court within sixty days from the date of communication of the ..... decision or order of the company law board to him on any question of law arising out of such order:provided that .....
Tag this Judgment!Court : Chhattisgarh
..... on merits on the company petition (cp) and all pending company applications (cas). 2. section 10-f of the companies act, 1956 reads as under : "10f. appeals against the order of the company law board. - any person aggrieved by any decision or order of the company law board [made before the commencement of the companies (second amendment) act, 2002] may ..... file an appeal to the high court within sixty days from the date of communication of the decision or order of the company law board to him on any question of law arising ..... issues resolved thereby could not be reopened or reargued for a different disposal of those issues. the order was passed expressly under section 402 of the companies act which reads: "402. powers of tribunal on application under section 397 or 398.- without prejudice to the generality of the powers of the tribunal under .....
Tag this Judgment!Court : Supreme Court of India
..... by the subordinate court is not obeyed. however, there is no such procedure prescribed to execute order of clb particularly after proviso is added to section 634a of the companies act, 1956, vide companies (second amendment) act, 2002.28. therefore, having considered submissions of learned counsel for the parties, and material on record, and further considering the relevant provisions of law and the cases referred above ..... , after above order was passed by the high court, a proviso is added by legislature to section 634a of the companies act, 1956, which reads as under:- provided that the provision of this section shall not apply on and after commencement of the companies (second amendment) act, 2002. as such, on the date (3.8.2007) order passed by learned single judge, the depositor had no .....
Tag this Judgment!Court : Andhra Pradesh
..... raised by its creditors and shareholders. the main ingredients to be satisfied for ordering winding up of a company for inability to pay its debts are: (i) that the company is indebted in a sum exceeding rs.500/ (the companies second (amendment) act, 2002, enhancing the amount from rs.500/- to rs.1 lakh has not been notified); and ..... that despite service of notice on it by a creditor, by assignment or otherwise, the company has neglected to pay the same for ..... the respondent has filed a detailed counter- affidavit denying and disputing its liability. the petitioner has got the company petition amended under order dated 21-11-2013 passed by this court whereunder it has got its cause- title amended. additional counter-affidavit was filed by the respondent with the leave of the court. the petitioner has .....
Tag this Judgment!Court : Mumbai
..... the expression 'suit or proceedings', as used in section 442 of the companies act. 10. as regards section 442 of the companies act, which deals with the power of the company court to stay or restrain proceedings against the company, against which winding-up order is passed, it stands repealed in view of the companies (second amendment) act, 2002. hence, its applicability to proceedings under section 138 of n.i ..... . act needs no consideration. reference to that effect has, thus, become infructuous. 11. as to applicability of section 446(1) of companies act to section 138 of n.i. act, it would be useful to reproduce section 446, which appears in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]150CompCas399(P& H)
..... the revival and rehabilitation of sick industrial companies and thus, the provisions of section 424g are not attracted at all. as a matter of fact clause (i) ..... opinion is formulated by the company court regarding the existence of the circumstances specified in section 424g. this contention of learned counsel for the respondent is totally fallacious and misconceived. the present proceedings for winding up have not been initiated under part vi-a as inserted by the companies (second amendment) act, 2002, which deals with ..... or arises or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies (amendment) act, 1960.10. section 537 deals with the avoidance of attachments, execution, etc., in winding up and reads as under:section .....
Tag this Judgment!Court : Kerala
Reported in : (1996)IILLJ501Ker
..... a representation on the proposed penalty was to be found in clause (2) of article 311 prior to its amendment by the constitution (forty second amendment) act. this right having been taken away by the constitution (forty-second amendment) act, there is no provision of law under which a government servant can claim this right.'the constitution bench of the ..... suresh koshy george v. university of kerala (supra) such an opportunity is not the requirement of the principles of natural justice and as held in associated cement companies ltd v. t.c. shrivastava (supra) neither the ordinary law of the land nor industrial law requires such an opportunity to be given. the opportunity of ..... natural justice, law may or may not prescribe such a course.'in associated cement companies ltd. v. t.c. shrivastava (supra) this court held that at p. 109 neither under the ordinary law of the land nor under industrial law a second opportunity to show cause against the proposed punishment is necessary. since a right .....
Tag this Judgment!Court : Andhra Pradesh
..... 3) shall apply to any proceeding pending in appeal before the supreme court or a high court. section 537 (prior to its substitution by the companies (second amendment) act, 2002 - 537 - avoidance of certain attachments, executions, etc., in winding up by or subject to supervision of the court - (1) where any ..... only before the drt in accordance with section 17 of the sarfaesi act and not before the company court. sarfaesi act being a latter legislation to the incorporation of section 529a in the companies act thus prevails over the companies act and sale as provided for under the sarfaesi act holds good during the pendency of winding up petition against the ..... [(2005) 8 scc190. it is not a situation where the official liquidator can have a choice either to approach the drt or the company court. the language of the rdb act, being clear, provides that any person aggrieved can prefer an appeal. the official liquidator whose association is mandatorily required can indubitably be regarded as .....
Tag this Judgment!Court : Supreme Court of India
..... by the subordinate court is not obeyed. however, there is no such procedure prescribed to execute order of clb particularly after proviso is added to section 634a of the companies act, 1956, vide companies (second amendment) act, 2002.28. therefore, having considered submissions of learned counsel for the parties, and material on record, and further considering the relevant provisions of law and the cases referred above ..... , after above order was passed by the high court, a proviso is added by legislature to section 634a of the companies act, 1956, which reads as under:- provided that the provision of this section shall not apply on and after commencement of the companies (second amendment) act, 2002. as such, on the date (3.8.2007) order passed by learned single judge, the depositor had no .....
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