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Winding petition to be dismissed if Liability of the Company not crystallized

Case Name : Meghraj Capital Advisors (P.)Ltd. Vs Samira Constructions Ltd. (Bombay High Court)
Appeal Number : Co. Petition No. 86 of 2012
Date of Judgement/Order : 17/10/2012
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)
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Winding up petition to be dismissed if debts are barred under law of limitation

Case Name : Interactive Media & Communication Solution (P.)Ltd. Vs Go Airlines Ltd. (Delhi High Court)
Appeal Number : Co. Appeal No. 10 of 2013
Date of Judgement/Order : 04/02/2013
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)

Creditors of demerged / transferee company not entitled to be heard in the petition filed u/s. 391

Case Name : Innovatherm GmbH Vs Sesa Goa Ltd. (Bombay High Court)
Appeal Number : Co. Appeal No. 14 AND 15 OF 2012
Date of Judgement/Order : 07/01/2013
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)

Winding up petition not maintainable if petitioner accepts receiving lesser amount towards full & final settlement

Case Name : Arun Kumar Engineer and Contractors Vs Finolex Cables Ltd. (Bombay High Court)
Appeal Number : Co. Petition No. 249 OF 2011
Date of Judgement/Order : 10/10/2012
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)
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Secured creditors too can file winding up petition despite sufficiency of security

Case Name : Kotak Mahindra Bank Ltd. Vs Eastern Spining Mills & Industries Ltd. (Calcutta High Court)
Appeal Number : A.P.O. Nos. 469 & 470 of 2012
Date of Judgement/Order : 13/02/2013
Related Assessment Year :
Courts : All High Courts (14151) Calcutta High Court (858)
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Petition u/s. 397/398 cannot be dismissed for mere signature mismatch

Case Name : H.J. Consultants (P.) Ltd. Vs Naveen Gupta (Delhi High Court)
Appeal Number : Canveat No. 1230-31 OF 2012
Date of Judgement/Order : 07/12/2012
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)

To file petition U/s. 397/398 petitioner must be shareholder on the date of petition

Case Name : K. Venkatachalam Vs Premier Roller Floor Mills Ltd. (Chennai Company Law Board)
Appeal Number : CP NO. 36 OF 2008
Date of Judgement/Order : 04/04/2012
Related Assessment Year :
Courts : Company Law Board (31)
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Other forms filled by foreign bank with ROC cannot be treated as Null & void if filing of Form 49 is substantiated

Case Name : Klen & Marshalls Manufacturers & Exporters Ltd. Vs Union of India. (Delhi high Court)
Appeal Number : WP(C) No. 668 OF 2012
Date of Judgement/Order : 03/01/2013
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)
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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 (14151) Calcutta High Court (858)
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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 (14151) Calcutta High Court (858)
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