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In winding up hearing Counter claim by way of unliquidated sum in damages is no defence to petitioner’s claim which had been admitted by company

Case Name : Re. Brand Value Communications Ltd. (Calcutta High Court)
Appeal Number : CP No. 213 of 2012
Date of Judgement/Order : 04/02/2013
Related Assessment Year :
Courts : All High Courts (6298) Calcutta High Court (213)

In absence of irregularity no interference by HC in sell of property by Company Court

Case Name : Mettur Textiles Mill Quarters Residents Welfare Society Vs The Official Liquidator (Madras High Court)
Appeal Number : O.S.A. Nos. 222 and 223 of 2012
Date of Judgement/Order : 06/09/2012
Related Assessment Year :
Courts : All High Courts (6298) Madras High Court (613)

Illegal appointment/ removal of director & illegal allotment of shares & manipulation of accounts proves oppression

Case Name : Smt. Hema Singh Vs ANC Construction (P.) Ltd. (Delhi, Company Law Board)
Appeal Number : C.P. NO. 20 OF 2007
Date of Judgement/Order : 24/05/2012
Related Assessment Year :
Courts : Company Law Board (19)

S. 397 pettition – Investors may either become members as per initial understanding or can receive back their investments

Case Name : Aman Goel Vs EileenTech Communications (I) (P.) Ltd. (Delhi, Company Law Board)
Appeal Number : C.P. NO. 18 OF 2007
Date of Judgement/Order : 23/05/2012
Related Assessment Year :
Courts : Company Law Board (19)

Creditors cannot seek winding up without 1st issuing statutory notice u/s. 434(1)(a) to company’s registered office

Case Name : SSS Loha Marketing (P.) Ltd. Vs Bibby Financial Services India (P.)Ltd. (Calcutta High Court)
Appeal Number : C.P. No. 591 of 2011
Date of Judgement/Order : 05/02/2013
Related Assessment Year :
Courts : All High Courts (6298) Calcutta High Court (213)

Resolution sent by shareholder to abuse process of law and to gain needless publicity for defamatory matter could not be published & circulated

Case Name : Torrent Power Ltd. Vs Sureshchandra V. Parekh (Mumbai, Company Law Board)
Appeal Number : C.P. NO. 71/284 of 2012
Date of Judgement/Order : 15/06/2012
Related Assessment Year :
Courts : Company Law Board (19)

Winding up Petition can be maintained at behest of a creditor, whether secured or unsecured

Case Name : Asian Power Controls Ltd. Vs Mrs. Bubbles Goyal (Bombay High Court)
Appeal Number : Appeal (L) No.383 OF 2012
Date of Judgement/Order : 18/02/2013
Related Assessment Year :
Courts : All High Courts (6298) Bombay High Court (1094)

S. 391 Post sanction Court cannot direct parties to enforce an obligation not existed in sanctioned scheme

Case Name : Real Lifestyle Broadcasting (P.) Ltd. Vs Turner Asia Pacific Ventures Inc. (Delhi High Court)
Appeal Number : Co. Appl. No. 2076 of 2012
Date of Judgement/Order : 22/02/2013
Related Assessment Year :
Courts : All High Courts (6298) Delhi High Court (1643)

HC disapproves scheme of arrangement which was designed to avoid repayment of creditors

Case Name : Model Financial Corpn. Ltd. Vs A.P. Mahesh Co-operative Urban Bank Ltd. (Andhra Pradesh High Court)
Appeal Number : C.A. Nos. 182 & 183 of 2002, 1218 of 2007 & 221 of 2009
Date of Judgement/Order : 02/11/2012
Related Assessment Year :
Courts : All High Courts (6298) Andhra Pradesh HC (98)

Dispute over title of shares is to be adjudicated by civil court not by Company court

Case Name : Prabodh Jamnadas Kothari Vs Vikram Jamnadas Kothari (Bombay High Court)
Appeal Number : Notice of Motion No. 775 of 2012
Date of Judgement/Order : 30/10/2012
Related Assessment Year :
Courts : All High Courts (6298) Bombay High Court (1094)