Partition -- Consolidation of proceedings - Merely because petitioner and respondent are 100% subsidiary companies of a corporate house, it cannot be said that parties are identical because everybody corporate is separate entity - Emaar-MGF is not a party to partition proceedings - Thus, argument of non-consolidation is rejected being not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Application U.O.7.R.10 CPC - Maintainability - Defendant pleaded that suit as framed being barred under Companies Act and proceedings ought to have been filed before NCLT - Since NCLT is not a Court as contemplated U.O.7.R.10 or O.7.R.10-A CPC, application U.O.7.R.10 CPC not maintainable - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Bail - Misappropriation of huge money - Serious allegations of siphoning off huge amount through various shell companies alleged against accused - High Court while releasing accused on bail, has not at all considered the relevant factors including nature and..........
Companies Act, 2013, Section 271(c) -- Order of Winding up of company - Appeal against - In instant case, company was incorporated with a fraudulent motive to collude and connive with the officials of respondent to get bandwidth from it by entering into an agreement in 2005, which was subsequently cancelled by the Government - These findings are actually borne out by..........
Limitation Act, 1963, Section 17, Article 137 -- Petition u/s.271(c) of Companies Act for winding up of company - Bar of limitation - In instant case, persons in charge of management of affairs of company in liquidation were facing prosecution for offences under Prevention of Corruption Act and Prevention of Money Laundering Act - Allegations of fraud and corruption were..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Plea of accused that accused had resigned as director on 10.10.2014 - Form No.DIR-12 (Appointment or Resignation) was filed with Registrar of Companies on 13.08.2015 - Whereas, cheque were dishonoured on 06.07.2015 and notice was..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
Criminal Procedure Code, 1973, Section 482 -- Call records of police officials - No prejudice will be caused to anyone in case call details of police officials are preserved especially when accused is making allegation against these officials - Call details of police officials, tower locations be preserved by the companies concerned with themselves, not to be shown to..........
Companies Act, 1956, Section 433(e), (f), 434 -- Winding up petition - Inability to pay admitted debts - Respondent company supplied raw material to appellant Company and there was outstanding balance amount against appellant - Defence taken by appellant with regard to quality of material supplied by respondent being defective was by way of an afterthought, as no document..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Nodal officers of Mobile Companies were mentioned in list of witnesses and record of calls etc. was available on file yet they were not examined due to inadvertence of public prosecutor - Certificate u/s 65-B of the Act with regard to Customer Application Form and tower location was part of record -..........
