Companies Act, 2013
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Indo Rolhard Industries Ltd. Vs. M.K. Mahajan & Anr.
[2013] 178 CompCas 282 (Delhi) FACTS: A petition was filed by two shareholders for winding up of the appellant-company under section 433 of the Companies Act, 1956. The company court by the impugned order admitted the petition, directed the company to be wound up and, ordered the citation to be published in the “Statesman” (English)…
Suspension of Contracts and Impact of Section 22(3) of SICA
Section 22(3) of the Act of 1985 contemplates that where an inquiry under Section 16 is pending or any scheme referred to in Section 17 is under preparation or during the period of consideration of any scheme under Section 18 or where any such scheme is sanctioned thereunder for due implementation of the scheme, the…
Application of Principle of ‘Dissolution of Partnership’ to invoke Winding Up
Application of principle of ‘dissolution of partnership’ to invoke winding up of Company under Section 433(f) of Companies Act, 1956 Deadlock in the management of the company is one of the grounds which may make it equitable and just for the court to wind up a company under Section 433(f). Section 433 provides for the…
Ram Parshotam Mittal vs. Hillcrest Realty SDN Bhd.
Ram Parshotam Mittal vs. Hillcrest Realty SDN Bhd. FACTS For a period of 2 years from the date of purchase of the preference shares by Hillcrest Realty, no dividend was declared or paid by the Hotel Queen Road Pvt.Ltd . Therefore Hillcrest Realty served a notice on Hotel Queen asking the Company to convene an…
Case List: Winding Up
A Admitted Debt u/s 433(3) of Companies Act, 1956 Alternative Remedy to be initiated before invoking just and equitable clause u/s 433 (f) B Bona fide dispute C Commercial Insolvency Creditor’s Objection to Winding Up Composite petitions under Sections 397, 398 and 433(f) D Dissolution of Partnership and Deadlock as grounds for Winding Up under Section…
Deem – Tech Limited vs. R.L. Steel & Energy Limited
Limitation Act, 1963, applies to the proceedings or appeals before the NCLT and its Appellate Tribunal as Section 433 of the Companies Act has not been amended under eleventh schedule of IBC.