Judgment Search Results Home > Cases Phrase: the kerala stay of eviction proceedings bill 2004 Court: company law board clb Page 1 of about 3 results (0.078 seconds)

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

Court : Company Law Board CLB

..... when the company failed to pay rent, the second respondent initiated eviction proceedings before the rent control court, wherein it was clearly indicated that the monthly rent for the property in question is rs. ..... section 109 envisages that if the lessor transfers the property, the transferee steps into the shoe of the lessor and shall possess all rights and liabilities of the lessor in respect of the subsisting tenancy, as held by the kerala high court in hajee k. ..... venugopal or geetha rajkumar menon, had signed the balance sheet during the period between 1992-93 and 2001-02.the balance sheet for the year ended 31.03.2003, having been signed or 21.03.2004, subsequent to filing of the present company petition does not assume any relevance. ..... -payment of (i) salaries to staff; (ii) statutory liabilities, (iii) electricity bills of the hospital; and (iv) non-honouring of a large number of cheques issued on behalf of the company; (e) unauthorised payment of (i) several lakhs of rupees towards commission; and (ii) interest on account of multhani and marvari loans; (f) failure to discharge huge loan amounts availed by the company from its bankers and financial institutions; (g) committing various financial irregularities and incurring of huge expenses for expansion of the project as well as personal use, without authority ..... 68 lakh as directed by the rent controller, but preferred an appeal before the high court of madras and obtained an order of stay. .....

Shri Kishan Khariwal Vs. the Ganganagar Industries

Court : Company Law Board CLB

Reported in : (2004)118CompCas626

..... according to the respondents this petition has been filed only because the company has filed a case against a firm belonging to the petitioner's family for eviction from the land and building of the respondent company the possession of which was unauthorizedly given by the petitioner to the firm when he was a director of the company and therefore this petition has been filed mala fide and for an oblique purpose of putting pressure on the company to withdraw the eviction case.3. ..... this being the position, it is evident that the petitioner and his supporters do not constitute 10% of the total number of members in the company.in view of the fact that neither the petitioner and his supporters held 10% or more of the subscribed capital nor they constituted 10% or more of the total number of shareholders in the company even before further issue of shares impugned in the petition, this petition does not satisfy the requirements of section 399 of the act and therefore deserves to be dismissed as not maintainable.8. ..... if the petitioner had been present in the meeting and if the general body had permitted issue of further shares in terms of section 81(1a) of the act, the petitioner cannot challenge the allotment in the present proceedings. .....

Vijaya Finance Corporation Ltd. Vs. Peerless General Finance and

Court : Company Law Board CLB

Reported in : (2006)129CompCas733

..... 1 (m/s.vijaya) respectively in respect of the said 2,18,240 equity shares of and in the respondent-company as stated in paragraph 6 hereinabove".during the hearing it was explained that the prayer was that the name of projects should be entered in the register in place of udyog and thereafter, the name of vijaya be entered in place of projects.however, in the written submissions it is stated that the cause of action for the instant petition was the refusal by the company to register the transfer pursuant to the application made by vijaya and vijaya is the petitioner in the proceeding and projects has been ..... chander mohan chadha [2004] 122 comp cas 468 : [2004] sccl.com 705, the supreme court has held that even if there is an order of the court sanctioning a scheme of amalgamation under section 391/394 of the act whereunder the leases, rights of tenancy or occupancy of the transferor company get vested in and become the property of the transferee company, it would make no difference in so far as the applicability of section 14(1) (b) of the delhi rent control act is concerned. ..... khader , the supreme court has held that a scheme of amalgamation is a voluntary act of parties and therefore transfer of tenancy rights would constitute unauthorised subletting giving rise to the ground for eviction. ..... in kerala state electricity board v. t. .....