Supreme Court of India
Bhagwati Developers Private Ltd. v. The Peerless General Finance Investment Company Limited & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
Held as under: 728 SUPREME COURT REPORTS [2013) 5 S.C.R. A IV. Thus, for the reasons recorded hereinabove, we are of the view that the present appeals are not maintainable and on this ground alone the present appeals are liable to be dismissed and there is no requirement in the eye of law to enter into the other aspect- of the matter touching B maintainability of the original Company Petition.
Judgment, page 20
From the headnote
Companies Act, 1956: ss. 397 and 398 - Comparw petition - With the consent of other share-holders - Withdrawal of, by original petitioners - Effect of- Held: The withdrawal would not render the petition non-existent, or non-maintainable - The constructive parties who provide consent to file the petition, are entitled to be transposed as petitioners in the case. s. 399 - Company petition - With the consent of other share-holders - Form of consent - Held: Consent need not be given by the share-holder personally - It can be given by Power of Attorney holder of such share-holder - The issue of
Authorities it was built on
- 2004 M/s. Dale and Carrington Invt. P. Ltd. and Another v. P.K. Prathapan and Others
- 1974 Ganga Bai v. Vijay Kumar & Ors.
- 2008 M.s.d.c Radharamanan v. M.S.D. Chandrasekara Raja and Another
- 2001 Jayalakshmi Coelho v. Oswald Joseph Coelho
- 1976 Land Acquisition Officer, City Improvement Trust Board v. H. Narayanaiah Etc. Etc.
- 2004 J.P. Srivastava and Sons Pvt. Ltd. and Ors. v. M/s Gwalior Sugar Co. Ltd. and Ors.
- 2002 Dhannalal v. Kalawatibai and Ors.
- 1996 Rameshwarlal v. Municipal Council, Tonk and Ors.
- 1999 Maktool Singh v. State of Punjab
- 1994 P. Punniah v. Jeypore Sugar Co. Ltd. and Ors.
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