year under Section 531A begins a year before presentation of the winding up petition. If Section 536(2) were to apply, any disposition ... obtaining the order sought, is that the word 'disposition' used in Section 536(2) of the Act is not to be equated with
Manohar submits that the rational behind section 536(2) read with section 441(2) is to prevent disposition of the property of the company ... winding up by Court" in section 536(2) of the Companies Act does not mean that section 536(2) is to come into force
from the company.
23. While the question, whether a disposition which is void under section 536(2) is to be validated calls for consideration that ... which is void as a result of operation of section 536(2) read with section 441 of the Companies Act, the courts have evolved certain
jurisdiction to act under section 536(2) .
3. Section 536(2) of the Companies Act reads as under
" 536. (1).........(2) In the case ... winding-up petition is dismissed section 536(2) would never come into play. Section 536(2) would come into play only when a winding
Manohar submits that the rational behind section 536(2) read with section 441(2) is to prevent disposition of the property of the company ... winding up by Court" in section 536(2) of the Companies Act does not mean that section 536(2) is to come into force
handing over possession thereof to the sub-lessee amounts to
disposition under section 536(2) of the Companies Act.
::: Uploaded on - 05/05/2017 ::: Downloaded ... under section 536(2) , sale of the assets by a third
party would be within the mischief sought to be remedied by section
536
counsel for ARC disputes that this is a case of
disposition and therefore, Section 536(2) would not be attracted
and he also disputes ... said Company. This puts an
end to the disposition and argument predicated and posited on Section
536(2) of said Act.
http://www.judis
appointment of a Provisional
Liquidator. What Section 536(2) read with Section 441(2) provides for is to
convert what was otherwise valid into void ... with. Section 227 of
the English Companies Act, 1948 is almost the same as Section 536(2) of the
Indian Companies Act. Dispositions which could
would taken upon itself to examine the nature of disposition of property under section 536(2) it must be a disposition of property which ... court at the instance of the party interest in the disposition of property ...... Sections 536(2) would come into play only when a winding
winding-up. Sub- section 2 of Section 536 confers an
enabling power on the Court to direct that a disposition of the
property ... under section
536(2) . The Supreme Court adopted a less rigorous construction of
the expression "void" in the context of Section 536
