Court : Company Law Board CLB Chennai
..... accordingly, answered in the negative. 11. in view of my foregoing conclusions and in exercise of powers under section 403 of the act, it is ordered as under : (i) the petitioner will file amended petition, incorporating all the amendments, claimed in c.a.no. 24 of 2008, by 19-2-2008 and serve a copy on the respondents, who will ..... , in view of the equitable and, therefore, discretionary character of the clbs jurisdiction under section 397/398 of the act, to adjudicate the complaint of the petitioner, as made in the main petition. the amendment proposing to bring on record the issue of conviction of the respondents 2 and 3 in a criminal proceeding, by the ..... the applicant and the statutory authorities, as claimed in para 40.5 cannot be incorporated by way of amendment to the company petition. the conviction of the respondents 2 and 3 under section 138 of the negotiable instruments act was prior to the main petition and is under challenge by them. the applicant has not choosen to reveal .....
Tag this Judgment!Court : Company Law Board CLB Chennai
..... as second defendant in the madurai suit, in terms of an order dated 19-7-2004 made in i.a. no. 216 of 2004. after filing the amended plaint by ms in the madurai suit in july, 2004 pvp had filed written statement making a counter-claim in respect of the impugned shares against ms, in ..... suit, 6,400 equity shares out of 7,750 suit shares came to be dematerialised and registered in the name of the concerned depository, pursuant to the depositories act, 1996. accordingly, those dematerialised shares lost their distinctive numbers, the relative share certificates were cancelled. by virtue of these subsequent events, the madurai suit as framed became ..... consequently the corresponding provision of section 111(5), namely, section 111(2) and (4) will also be applicable to the proceeding under section 111a. the companies act in entering the names of third persons apart from the parties to the present proceeding subject to filing of suit and petition would amount to contravention as prescribed under .....
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