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Company Law – Application under s. 543 cannot be made in vague terms & to conduct a roving enquiry

Case Name : Official Liquidator of Zenith Power Systems (I) Ltd. (In Liqn.) Vs K. Venkatachalam (Karnataka High Court)
Appeal Number : C. O. P. No. 138 of 2000
Date of Judgement/Order : 21/01/2013
Related Assessment Year :
Courts : All High Courts (14151) Karnataka High Court (655)
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To maintain petition u/s. 397 shareholding positions on date of filing of petition ought to be considered

Case Name : Mr. Pratik B. Mehta & Ors. Vs. Uniform Offset Private Limited & Ors. (Bombay High Court)
Appeal Number : Co. Appeal. 5 Of 2012
Date of Judgement/Order : 31/10/2012
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)
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Bona fide disputed debt cannot be adjudicated in winding up proceedings

Case Name : Dr. Mangat Rai Goyal Vs Moraj Finanz Pvt. Ltd. (Bombay High Court)
Appeal Number : Appeal No. 347 of 2012
Date of Judgement/Order : 08/01/2013
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)
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Order passed cannot be recalled of reviewed on plea that advocate engaged by liquidator was lacking an authority to represent

Case Name : Rajeev S Mardia and Rasik S Mardia Vs Official Liquidator of Mardia Steel Ltd. (In Liquidation) (Gujarat High Court)
Appeal Number : Civil Application No. 138 OF 2009
Date of Judgement/Order : 07/09/2012
Related Assessment Year :
Courts : All High Courts (14151) Gujarat High Court (1144)

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

Case Name : Textile Labour Association Vs Official Liquidator of Arbuda Mills Ltd. (Gujarat High Court), O.J. Appeal Nos. 110 & 152 of 2008†
Appeal Number : 07/11/2012
Date of Judgement/Order :
Related Assessment Year :
Courts : All High Courts (14151) Gujarat High Court (1144)
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CLB Chairman cannot transfer a case from one Regional Bench to another

Case Name : Arunachalam Muthu Vs Nafan BV (Bombay High Court)
Appeal Number : Co. Appeal (Lodging) No. 28 OF 2012
Date of Judgement/Order : 30/11/2012
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)

Court may direct investigation but Govt only can appoint agency

Case Name : Bhagyraaj Vyapaar (P.) Ltd. Vs Regional Director, Ministry of Corporate Affairs (Calcutta High Court)
Appeal Number : A.P.O. No. 424 of 2012
Date of Judgement/Order : 11/01/2013
Related Assessment Year :
Courts : All High Courts (14151) Calcutta High Court (858)
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Mis-interpretation or mis-reading of document is question of law and on such an issue an appeal can be filed

Case Name : M/s. Unit Trust of India & Ors. Vs M/s. Jagan Nath Sayal & Co. & Anr. (Delhi High Court)
Appeal Number : CO.A(SB) No. 35 Of 2010
Date of Judgement/Order : 05/12/2012
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)
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During pendency of oppression petition no further issue of shares permissible unless proved to be in Companies interest

Case Name : Sharvani Energy (P.) Ltd. Vs N. VenkateshwarRao (Chennai Company Law Board)
Appeal Number : C.P. No. 82 of 2011
Date of Judgement/Order : 21/12/2012
Related Assessment Year :
Courts : Company Law Board (31)
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If company was not candid in its approach for repayment, winding up petition was rightly admitted

Case Name : Chowringhee Prakashan (P.) Ltd. Vs Begwani Trade & Industries Pvt. Ltd. (Calcutta High Court)
Appeal Number : A.P.O. NOS. 74, 75 & 76 OF 2012
Date of Judgement/Order : 20/12/2012
Related Assessment Year :
Courts : All High Courts (14151) Calcutta High Court (858)
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