Guwahati Bench
| TP/CP NO. | Date Of Order | Final Order Year | Description | Sections | Order passed by | View Link | Summary | View |
|---|---|---|---|---|---|---|---|---|
| 2/14/15 | 14 Jun 2020 | 2020 | Petitioner Company, M/s Schmersal India Pvt. Ltd. is a subsidiary of German Based Company which follow the financial year from 1st January to 31st December. The Petitioner Company prays for following the financial year from 1st January to 31st December. | 2(41) of the Companies Act, 2013 | Smt. Ina Malhotra, Hon'ble Member(J) |
The Petitioner is permitted to adopt the period from 1st January to 31st December as its financial year. | View | |
| 2/36/16 | 15 Nov 2016 | 2016 | Petition filed by M/s Adva Optical Networking India Pvt. Ltd. under 1st proviso of Section 2(41) of the Companies Act, 2013 seeking an exemption to be granted to change the financial year of the company from the 1st April to 31st march to 1st January to 3 | 2(41) of the Companies Act, 2013 | Sh. R. Vardharajan, Hon'ble Member (J) |
The Petitioner Company is permitted to adopt the period from 1st January to 31st December as its financial year. | View | |
| 04(ND) | 15 Nov 2016 | 2016 | Praveen Shankaralayam- Petitioner Vs.M/s Elan Professional Appliances Pvt. Ltd. and Ors- Respondents | 397, 398 of Companies Act, 1956 | Chief Justice Shri M.M. Kumar, Hon'ble President |
The Petition is dismissed as barred by limitation. However the petitioner, shall be entitled to claim the unclaimed dividends as per the statement made by the learned counsel for the respondents. | View | |
| CAA-1(PB)/2017 | 16 Jan 2017 | 2017 | Merger scheme under section 230 of the Companies Act, 2013 | 230, 231, 232 | Hon'ble Chief Justice (Retd.) Shri M.M. Kumar, Hon'ble President and |
Provisions of section 230 of the Companies Act, 2013 and related Companies (Compromise, Arrangement and Amalgamation) Rules, 2016 does not expressly allow dispensation of shareholder meeting | View | |
| ISB) 3(PB) of 2017 | 10 May 2017 | 2017 | Where the nature of transaction is pure and simple agreement of sale or purchase of a piece of property/a flat or office space, merely because some ‘assured amount’ of return has been promised, and it stands breached, such a transaction would not acqu | Section 7 read with section 5 of IBC | NATIONAL COMPANY LAW TRIBUNAL, PRINCIPAL BENCH, NEW DELHI CP No. (ISB) 3(PB) of 2017 Citation: [2017] 137 CLA 163 (NCLT) |
The application filed by applicants for triggering corporate insolvency resolution process is liable to be dismissed where the applicants are not covered under the expression “financial creditor’, and the arrears of ‘assured returns’ promised on p | View | |
| (IB) No. 9/9/HDB/2017 | 10 May 2017 | 2017 | Where ex-senior executive makes a claim based on unauthentic and unauthorised full and final statement after keeping quiet for several years, the claim is not at all tenable to invoke the provisions of the Code | Section 9 read with rule 6 of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 | NATIONAL COMPAY LAW TRIBUNAL, HYDERABAD BENCH Citation: [2017] 137 CLA 307 (NCLT) |
Where petitioner’s claim is totally in dispute as it was not only rejected by the company, but the company also filed a statement showing that the petitioner himself owed dues to the company, and the petitioner having worked for several years as senior | View |