Court : Rajasthan
Reported in : [2007]135CompCas495(Raj); [2007]77SCL28(Raj); 2006(3)WLC565
Shiv Kumar Sharma, J.1. The applicant-company M/s. Spark Plugs (I.) Ltd. through the official liquidator filed the present application for quashing the order dated October 7, 2005, passed by the Recovery Officer, DRT-1, Delhi. The applicant-company was ordered to be wound up by this Court vide order dated August 6, 2004, on the recommendation of the BIFR. The official liquidator took possession of the land, building, plant and machinery, etc., situated at Matsaya Industrial Area, village Guleta, District Alwar. The Debts Recovery Tribunal-1 allowed the recovery application filed by the Bank of India. The Recovery Officer issued order on February 10, 2005, restraining the applicant-bank from transferring or charging the properties of company in liquidation. The Recovery Officer also issued notice under rule 83 of the Second Schedule of the Income-tax Act read with Sections 25-28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short '1993 Act'). Thereafter...
Tag this Judgment!Court : Rajasthan
Reported in : [2007]75SCL237(Raj)
ORDERShiv Kumar Sharma, J.1. The applicant Lords Chloro Alkali Limited (formerly known as Modi Alkalies & Chemicals Limited) filed this application under Sections 391 and 394 of the Companies Act, 1956 (hereinafter shall be referred to as 'the Act of 1956') for a direction of the Court as to the method of convening, holding and conducting the meeting of the secured creditors of the applicant company, as to the notices and advertisement to be issued, for the purpose of considering and, if thought fit, approving with or without modification, the scheme of arrangement between Lords Chloro Alkali Limited and its secured creditors.2. That the applicant-company was incorporated on 1-3-1979 in the State of Punjab originally under the name and style of Modi Alkalies & Chemicals Limited. Subsequently in the year 1979 itself, the registered office of the applicant was shifted to Industrial Area, Alwar (Rajasthan). The name of the applicant-company was subsequently changed to Lords Chloro Alkalie...
Tag this Judgment!Court : Rajasthan
Reported in : [2007]78SCL31(Raj)
ORDERShiv Kumar Sharma, J.1. The applicant Multimetals Limited filed this application under Section 391 of the Companies Act, 1956 (hereinafter shall be referred to as the Act of 1956) for a direction of the Court as to the method of convening, holding and conducting the meetings of the preference shareholders and equity shareholders of the applicant company as to the notice and advertisement to be issued, for the purpose of considering and, if thought fit, approving with or without modification, the scheme of arrangement proposed by Multimetals Limited.2. Multimetals Ltd. (hereinafter shall be referred as the applicant-company) is a company duly incorporated under the Companies Act, 1956 on 2-8-1962 vide Certificate of Incorporation No. 25586 of 1962.3. The position authorized issued, subscribed and paid up capital of the applicant company as on date is detailed out in para No. 3 of the application. 4. The main objects of the applicant-company as set out in the object clause of its Me...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj170; [2001]106CompCas629(Raj); 2001(2)WLC79; 2003(1)WLN620
ORDERLAKSHMANAN, C.J.1. This writ petition was filed by the petitioner withthe following prayers:- (a) Dismiss the recovery application filed by Respondent No. 2 before the Respondent No. 1 (Anx. 1) as not maintainable/returnable on account of notification under Rajasthan Relief Undertaking Act issued by the Government of Rajasthan (Anx. 3). (b) Quash and set aside the order dated 13.10.2000 marked as Annexure 6 passed by the Respondent No.1. (c) Quash and set aside the order dated 6.9.2000 marked as An-nexure-2 passed by the Respondent No.1. (d) Pass such other orders as the Court deems just and proper in the facts and circumstances of the case. (2). The State Bank of Bikaner and Jaipur filed Original Application No. 431/2000 and prayed for the following reliefs:-(i) Issue a Certificate for recovery of the aggregate amount of Rs. 25,86,92,370.68 (Rupees Twenty Five Crores Eighty Six Lakhs Ninety two thousand three hundred seventy and paisa sixty eight only) as Principal amount outstan...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3214
Mohammad Rafiq, J.1. These two special appeals have been filed by the appellant Modern Educational and Cultural Society against the common judgment of the learned Single Judge dated 12.4.1993 passed in two writ petitions, one of which was filed at the instance of Nizam and Ors. and another by the appellant Modern Educational and Cultural Society. Dispute pertains to allotment of apiece of land admeasuring 4877 sq. yards (4077.8 sq. mtrs.) by Jaipur Development Authority (in short 'the JDA') in favour of the appellant by its order dated 6.9.89 in NuLite Colony, adjoining the Tonk Road, Jaipur which has been developed by the NuLite Housing Cooperative Society (in short'the Housing Society'). The writ petition filed by Nizam and Ors. was in fact a letter petition which was registered as a public interest litigation (Writ Petition No. 332/90) whereas the writ petition filed by the petitioner-appellant was an off-shoot of the first writ petition. While in the writ petition filed by Nizam an...
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