Judgment Search Results Home > Cases Phrase: deposit pre contract Court: company law board clb Page 9 of about 110 results (0.092 seconds)

In Re: Caledonian Jute and

Court : Company Law Board CLB

Reported in : (1996)85CompCas180

..... this is because, as per the rule, the situation prevailing before the amendment and situation after the amendment, both have to be taken into account.in the pre-amendment situation no further shares could have been issued for the arrears of dividend. .....

A.B. Appanna Vs. Southern Petrochemical

Court : Company Law Board CLB

Reported in : (2004)118CompCas114

..... own motion or on the application of the depositor, that it is necessary so to do to safeguard the interests of the company, the depositors or in the public interest, direct, by order, the non-banking non-financial company to make repayment of such deposit, after giving a reasonable opportunity of being heard to the non-banking non-financial company and other persons interested in the matter within such time and such conditions as may be specified in the order. ..... a letter containing the warrants duly addressed to the applicant, in support of which he referred to the illustration (d) of section 50 of the indian contract act, 1872 and further relied on indore malwa united mills limited v.commissioner of income tax--air 1966 sc 1466 to show that where the debtor, by express or implied contract, is authorized to send the payment by cheque to the creditor, the post office is the agent of the creditor to receive the cheque and the ..... the applicant, when he had forwarded the discharged fixed deposit receipt claiming the deposit amount, through the company's agents, viz. ..... referred to the terms and conditions governing the fixed deposit schemes of the company and specifically read out condition ..... company should be directed to pay forthwith balance of the deposit amount together with interest.4. ..... if repayment is sought, the fixed deposit receipt shall be duly discharged on ..... clb has power under section 58a(9) to order for repayment only in the event of default to repay any deposit by the company. .....

incable Net (Andhra) Limited, Vs. Apaksh Broadband Limited and ors.

Court : Company Law Board CLB

Reported in : (2008)142CompCas860

..... for evaluation of the quantum of work done by aksh and for verification of the equipments and materials supplied by aksh towards implementation of the project under the epc contract, which was also acceptable to the petitioners, however, subject to the stipulation that the petitioners would bring in the final call money only on completion of the evaluation ..... of oppression and mis-management in the affairs of the company, but require oral evidence for deciding the case on hand as under: a) to establish that no tangible work under epc contract has been performed by aksh; b) to prove the mismanagement of funds and activities of the company at the instance of aksh; c) to establish the circumstances under which the disputed payments ..... with a view to eliminate the petitioners from the company; f) to prove that the first petitioner had furnished all the securities to the sixth respondent as envisaged in intercorporate deposit agreement ("icd agreement") and that the first petitioner had not defaulted any of the terms of the icd agreement; and g) to show that the second petitioner gave periodically cheques ..... the quantum of work completed by aksh, supply of the equipments and materials under the epc contract, investments made by aksh towards the share capital of the company, realization of the final call money from the shareholders of the company, recovery of the security-deposit from the first petitioner covered under the rental agreement, settlement of pending bills of the contractors, .....

Dcl Finance Ltd., in Re

Court : Company Law Board CLB

..... proposed to repay the deposits together with interest from the date of deposit till maturity at the contracted rate and beyond maturity till the date of payment at the rate of 12 per cent per annum in the following manner :-- (i) all deposits which are matured and which are yet to mature upto 31-12-2001 over a period of 3 months to 42 months; (ii) all deposits which are to mature ..... during the year 2002 over a period of one month to 12 months; and (iii) all deposits ..... which are to mature on and from 1-1-2003 on the date of maturity of such deposits ..... secretariat road, saifabad, hyderabad, a certificate from its statutory auditors every 06(six) months from starling the repayment of deposits to the effect that the liabilities to the depositors are met by the company in accordance with the scheme approved by the clb.12. .....

V.L.S. Finance Ltd. Vs. Sunair Hotels Ltd.

Court : Company Law Board CLB

..... in all these letters the grievance of the petitioner was that the company had not paid interest on the security deposit and that the respondents had allotted shares without paying consideration.while, the conduct of the petitioner before filing of the petition may not be a relevant factor, yet after filing of this petition and ..... beginning of 1994, aeroflot withdrew its proposal and thereafter the second respondent entered into a management contract with one accor for the hotel project and necessary approval from the government was also obtained. ..... having referred to both the ndmc license deed containing restrictive clauses and the management contract with accor in the same mou referring the second respondent as the 'owner', the petitioner cannot now claim thai it was not aware of the transfer of the developmental rights to the second respondent at the ..... only when the company rejected their claim for interest on the security deposit, with a mala fide intention and with a view to pressurize the respondents, this petition has ..... 6 crores to be received by the petitioner as the first instalment should be kept in a fixed deposit and therefore the respondents were moving an application to seek a clarification from the delhi high court about the title of the respondents in respect of ..... only in this mou and not in the management contract dated 9-9-1994, that there is any mention about accor's contribution towards the funds for ..... in this contract, the second respondent has been shown as the .....

S. Pattabhiraman Vs. S. Venkataramanan, Logix

Court : Company Law Board CLB

Reported in : (2003)45SCL386

..... sundar, advocate for the third respondent has while denying the charges levelled against the third respondent has submitted that the company obtained sub-contracts for instrumentation from the fourth respondent and that the company placed consequential order on scil and that the finished products were to be supplied by scil directly to bombay municipal corporation. ..... he further pointed out that the company ought to have executed and complete the contract in march, 2000, but failed to execute the same within the agreed time, forcing the fourth respondent to cancel the contract in terms of clause 22 of the agreement entered between the company and the fourth respondent (page 13 of typed set of documents by r-1) to avoid the damages which may be levied by the bombay municipal corporation against the fourth respondent. ..... the second respondent cannot be held responsible for non refund of deposit amount by ep for which the company should initiate steps for recovery of the same.according to shri ramasubramanian, the first respondent never removed the stocks and assets as claimed by the petitioner. ..... formalities with various authorities and finalise the accounts of the company; (iii) to direct the first respondent to take over the bank liabilities; (iv) to investigate the affairs of the company; and (v) to direct the fourth respondent to deposit a sum of rs. ..... shri balasubramanian concluded his submissions seeking the following reliefs:- (i) to direct the first respondent to deposit rs. .....

Madras Medical Care and Health Vs. Devaki Hospital Limited and ors.

Court : Company Law Board CLB

..... the respondents, though, deny receipt of any lease deposit from the company, the balance sheets for the year ended from 31.03.1996 to 31.03.2001 and para 2 of the notes on accounts forming part of the balance for the year ended 3 1.03,2001 disprove such a denial by ..... held that if a lessee accepts a new contract of tenancy, it operates as a surrender of the old tenancy, for a new lease cannot be granted unless the old is surrendered. ..... 100 lakh being the lease deposit by the respondent 2, 3 & 7, will not arise, in view of pendency of the appeal proceedings before the high court, which arose on account of the rent control proceedings. ..... furthermore, the lease deposit amount came to be adjusted towards sale consideration of the property, namely door no. ..... all the deposits have been repaid. ..... as per the balance sheet as at 31.03.2002, the lease deposit amount of rs. ..... 100 lakh is a mere book entry and never paid by company and therefore, there is no question of reimbursement of the lease deposit amount of rs. ..... in view of this, the petitioners cannot make any demand for repayment of the lease deposit of rs. ..... 4,00,000/- and lease deposit of rs. ..... 40,000/- per month as well as lease deposit of rs. ..... the lease deposit of rs. ..... 40,000/- per month as well as lease deposit of rs. ..... 40,000/- per month as also lease deposit of rs. ..... 4,00,000/- as well as payment of lease deposit of rs. .....

Times Bank Ltd. Vs. Sri Sharada Parmeshwari Textiles

Court : Company Law Board CLB

Reported in : (2000)101CompCas412

..... third respondent ought not to have registered the charge in favour of the second respondent for the following reasons : (a) the company had created charge by deposit of the title deeds with the second respondent on august 1, 1994, and not march 31, 1995, as claimed by the company. ..... the meanwhile, the company created a charge in respect of the immovable properties in favour of the petitioner on april 7, 1998, by deposit of certified copies of the title deeds, which were registered by the third respondent on april 23, 1998. ..... a careful scrutiny of the available records shows that the company had deposited the original title deeds in respect of the immovable properties on august 1, 1994, with the second respondent to secure the financial assistance obtained from ..... registrar of companies, tamil nadu, coimbatore, the third respondent, in his oral submissions has stated that the company had deposited the title deeds in respect of the immovable properties with the second respondent as on august 1, 1994, the fact of which has been evidenced by a memorandum of deposit of title deeds executed by the company on march 31, 1995. ..... reiterated that the charge created by the company in favour of the petitioner on april 7, 1998, by depositing certified copies of the title deeds is not valid in law. ..... company had executed a memorandum dated march 31, 1995, evidencing deposit of the title deeds in favour of the second respondent ..... there has been no privity of contract between the petitioner and the second .....

Radhe Shyam Tulsian and ors. Vs. Panchmukhi Investment Ltd. and

Court : Company Law Board CLB

Reported in : (2003)113CompCas298

..... . in view of this provision in the articles, the apex court held that, in a private limited company, the articles of association is a contract between the parties, and since the transfer had been effected without the approval of the board in terms of the articles, the same was void ..... as per section 62 of the contract act, once the parties to a contract agree to substitute/amend/or alter it, then the original contract need not be performed. ..... in the meanwhile, the petitioners had also given an inter-corporate deposit of rs. .....

In Re: Amar Ujala Publication

Court : Company Law Board CLB

Reported in : (2007)76SCL255

..... in reply to the application, while contending that it was never the understanding that the petitioners' shares would also be kept in the escrow account, the petitioners agreed to deposit their shares with the escrow agent till the full consideration as per the consent order was paid. ..... the schedule of payment by the respondents will be the same as in paragraph 2(4) of the order dated 25.1.2006, beginning with deposit of the first installment on the 1st august 2006 (and not before), with the escrow agent.22. ..... on 8.2.2006, the respondents filed ca 53 of 2006, seeking for directions to the petitioners to deposit the share certificates relating to 35.33% shares held by them with the escrow agent on the ground that such a stipulation has been omitted to be incorporated in the consent order while directing the respondents to deposit their 64.67% shares with the escrow agent. ..... even though, initially the petitioners were unwilling to do so as the same was not part of the consent order, ultimately they deposited their shares with the escrow account. ..... a consent order is something more than a mere contract and has the element of both a command and a contract. ..... 12.5 crores, being 5% of the total consideration was deposited in the escrow account on 6.2.2006. ..... 12.5 crores deposited by the petitioners in escrow will be released to them immediately along with interest accrued thereon, without any part of the same being forfeited. .....