Company Law judiciary-2

LLP Settlement Scheme, 2020 benefit cannot be denied on Form uploaded pursuant to Court Order

Handoo & Handoo Legal Consultants & ANR. Vs. Union of India (Delhi High Court)

Handoo & Handoo Legal Consultants Vs. Union of India (Delhi High Court) The plea of the petitioner(s) in the present applications is that they have been denied the benefit of the Scheme only on the ground that they uploaded the forms pursuant to the order dated 06.12.2018 of this Court. The learned counsel for the […]...

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HC Permits Disqualified Director with Frozen DIN & DSC to Avail CFSS 2020

Ashish Gupta Vs. Union of India (Delhi High Court)

The issue under consideration is whether Disqualified Director whose DIN and DSC has been frozen by the ROC due to non compliance will be eligible for Companies Fresh Start Scheme 2020?...

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Bhushan Steel Case: HC quashes summons issued to limited extent against PNB Executive Director

Rajesh Kumar Yaduvanshi Vs. Serious Fraud Investigation Office (SFIO) & Anr. (Delhi High Court)

Rajesh Kumar Yaduvanshi Vs. Serious Fraud Investigation Office (SFIO) & Anr. (Delhi High Court) The petitioner has filed the present petition impugning a summoning order dated 16.08.2019 issued by the learned ASJ in Complaint Case No. 770/2019 captioned “Serious Fraud Investigation Office (SFIO) v. Bhushan Steel Limited and Ors.”,...

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Promoters Directors can nominate any person as a director to apply under CFSS Scheme 2020

Navneet Sahay Verma and another Vs. Registrar of Companies and another (Bombay High Court)

Navneet Sahay Verma and another Vs. Registrar of Companies and another (Bombay High Court) The Petitioners, because of their disqualification, cannot apply under the Companies Fresh Start Scheme in respect of their companies. This Scheme is to end on 30 September 2020. They, therefore, seek a direction that they may be permitted to apply ...

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HC Set Aside Directors Disqualification on June 2017 considering CFSS 2020

Sandeep Agarwal & Anr. Vs. Union of India & Anr. (Delhi High Court)

Companies Fresh Start Scheme, 2020 provides an opportunity for active companies who may have defaulted in filing of documents, to put their affairs in order. It thus provides Directors of such companies a fresh cause of action to also challenge their disqualification qua the active companies....

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Corporate Debtor liability not extinguished upon Insolvency Resolution Plan Approval

State Bank of India Vs Anil Dhirajlal Ambani (NCLT Mumbai)

whether the liability of a guarantor of a debt of a corporate debtor stands reduced/extinguished upon an Insolvency Resolution Plan in respect of the corporate debtor, being approved under the Insolvency and Bankruptcy Code, 2016?”...

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Posted Under: Company Law | |

NCLAT: NCLT has to sit with two members bench and not singly as per SC directions

Indison Agro Foods Ltd. Vs Registrar & Anr. (NCLAT Delhi)

Indison Agro Foods Ltd. Vs Registrar & Anr. (NCLAT Delhi) Hon’ble NCLAT in a landmark judgement directed Hon’ble President NCLT to constitute a bench of Two members of Judicial and Technical Member. The issue came for consideration in an interesting case where the insolvency matter was filed before NCLT Indore Bench, however one o...

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Posted Under: Company Law |

NCLAT rejected Resolution Plan submitted after Expiry of Deadline for Submission of Resolution Plan

Kotak Investment Advisors Limited Vs Krishna Chamadia (NCLAT Delhi)

whether Resolution Plans submitted after the expiry of deadline without obtaining any CoC resolution to extend the deadline and issuing notice for inviting EoI from other potential resolution applicants is justified in law?...

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Posted Under: Company Law | |

HC imposes cost for Filing Petition which was out of its territorial Jurisdiction

Vijay Goverdhandas Kalantri & Another Vs Union of India & Others (Punjab and Haryana High Court)

Vijay Goverdhandas Kalantri & Another Vs Union of India & Others (Punjab and Haryana High Court) The issue under consideration is whether the filing of the petition without jurisdiction only to gain benefit of its interim order is sustainable in law? In the present case, admittedly, both the petitioners are residents of Mumbai and...

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SC dismisses plea challenging exclusion of CM Relief Fund from CSR

Mahua Moitra Vs Union of India (Supreme Court of India)

The Supreme Court dismissed the petition filed by the assessee challenging decision of Central Government to excluding Chief Minister’s Relief Fund from the purview of Corporate Social Responsibility (CSR)....

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