Company Law Articles, Notification and Circular

  • Jan
  • 20
  • 2013

Bona fide disputed debt cannot be adjudicated in winding up proceedings

Added In Company Law
The appellant may have a very good case on merits and would possibly be able to establish in an appropriate proceeding that the respondent have acted in a fraudulent manner and defrauded him to Rs. 2 crore. However, in proceedings for winding up the company, the Court cannot adjudicate upon a bona fide disputed debt. [...]

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  • Jan
  • 17
  • 2013

Search online if your dividend is lying unpaid or Unclaimed

Added In Company Law
The Ministry of Corporate Affairs has launched a new search facility on its website for unpaid and unclaimed amounts lying with the companies. Investors can visit the web page www.iepf.gov.in and obtain information regarding such amounts by providing any of the following combination:

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  • Jan
  • 16
  • 2013

Phone Numbers of DIN Cell; and Help Desk w.e.f. 17.01.2013

Added In Company Law
PHONE NUMBERS OF DIN CELL AND HELP DESK  Stakeholders are hereby informed  that operator for MCA21 project is changing w.e.f. 17.01.2013 from M/s. TCS Ltd to M/s. Infosys Ltd. Due to this the new contact numbers for DIN Cell and Help desk will be :

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  • Jan
  • 16
  • 2013

Order passed cannot be recalled of reviewed on plea that advocate engaged by liquidator was lacking an authority to represent

Added In Company Law
In our view, we do not find any substance for the alleged ulterior motive or collusion by Mr. Desai with the OL, since no material is produced to show that any undue benefits was to be derived by the OL. Be it noted that the appeal is not preferred by the OL, but is preferred [...]

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  • Jan
  • 16
  • 2013

If company was not candid in its approach for repayment, winding up petition was rightly admitted

Added In Company Law
The company was in business of publishing newspaper for almost a century. The main ingredient required for the purpose is news print. Hence, it is expected, the company would know the prevalent market rate. In any event, when the respondent agreed to give rebate, the company did not raise any protest. Their protest came when [...]

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  • Jan
  • 15
  • 2013

Due date for filing of B/s & P/L in XBRL mode extended to 15.02.2013

Added In Company Law
In continuation of the Ministry’s General Circular Nos: 16/2012 dated 06.07.2012, 34/2012 dated 25.10.2012 and 39/2012 dated 12.12.2012 on the subject cited above, it is stated that the time limit to file the financial statements in the XBRL mode without any additional fee/penalty has been extended up to 15th February 2013 or within 30 days from the due date of AGM of the company, whichever is later.

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  • Jan
  • 15
  • 2013

Secured creditors rank at par irrespective of their holding charge U/s. 529/529A of Companies Act, 1956

Added In Company Law
Section 529(1) provides for, ‘the respective rights of secured and unsecured creditors……’. It does not classify the secured creditors on the basis of the first chargeholder or the second chargeholder or so on. Similarly, in proviso to clause (c) of sub-section (1) of section 529

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  • Jan
  • 14
  • 2013

Auditor’s Report Need Not Be Read out at General Meeting

Added In Company Law
The proposed Companies Bill, 2012 does not contemplate any verbatim corresponding provision. However, somewhat similar provision is contemplated in the Bill, not as a separate provision, but as part of the provision relating to “Signing of audit report, etc.” contained in section 145 thereof. The said section 145 reads as under:

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  • Jan
  • 12
  • 2013

CLB Chairman cannot transfer a case from one Regional Bench to another

Added In Company Law
A reading of Regulation 3 of the CLB Regulations makes it clear beyond any doubt that the Chairman of the CLB is empowered by the Board to constitute the Benches of the Board as per the composition of Benches prescribed under Section 10E (4B) of the Act.

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  • Jan
  • 10
  • 2013

HC Rejects Winding up Petition as serious dispute existed on amount due from company to petitioner

Added In Company Law
If the amount claimed by the petitioner of about Rs. 4.1 crore is accepted to be the amount due from the company to the petitioner on account of the unpaid bills, it does not appear that the credit that the company sought has been given to the company by the petitioner. There is a serious [...]

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