guilty of gross lapses and, therefore, is not entitled to seek any equitable or discretionary relief from the Company Law Board. In support of this ... event equitable principles do not apply as against mandatory provisions of the statute.
32. Shri Zaiwala denied that there is an estoppel against the company
Articles, they are not entitled for any equitable
reliefs, more so when applying the principles of estoppel,
waiver etc. The company is functioning
V.L.S. Finance Ltd. vs Sunair Hotels Ltd. on 13 June, 2001
ORDER
Balasubramanian
cannot now question these appointments on account of acquiescence, waiver and estoppel as decided in Maharani Yogeshwari Kumari v. Lake Shore Palace Hotel ... principles would not arise in this case for the petitioner to seek equitable reliefs. According to him, referring to Kilpest (P.) Ltd. v. Shekar Mehra
coupled with the silence and inaction would amount to latches, waiver and estoppel. When one does not assert his right even when there ... there is no larger public interest to ignore the latches. Likewise, equitable consideration does not override latches and discretion should not be exercised in favour
bears signatures of Shri P.K. Sharma) hence principles of waiver and estoppel apply; R-2 had been in the management being the authorized signatory ... doctrine of estoppel as claimed by the respondents. Further, the respondents reiterated reliance on the doctrine of waiver, acquiescence and estoppel on the ground that
shares on transfer or transmission or on the basis of estoppel based on facts by which membership is claimed. This interpretation of Section ... been often held that this jurisdiction is a discretionary and equitable jurisdiction. It is also reflected by the fact that the court was empowered under
Tracstar Investments Limited And Anr. vs Gordon Woodroffe Limited And Ors. on 8 November, 1995
Shri Ranjit Singh And Ors. vs Madan Mohan Cold Storage Pvt. Ltd., Shri ... on 27
Ashok Kumar Oswal vs Panchsheel Textiles Manufacturing & ... on 25 February, 2002
Equivalent citations: [2002
