appointment of Shri Senger as a Prescribed Authority in a collateral proceeding. These additional factors also militate against the contentions of the appellant ... Shri Senger to act as a Prescribed Authority in a collateral proceeding, it is really not necessary for us to examine the correctness
worthless; sipher; useless and
ineffectual and may be ignored even in collateral
proceeding as if it never were. The word "void" is used
Companies Act, 1956 and
the same cannot be agitated in any collateral proceeding. The relevant extract of the
same is reproduced hereunder for the sake ... challenged by the petitioners, without locus standi, in a
collateral proceeding in the present writ petition. An amalgamation order can
only be challenged under
S. Subbulakshmi @ Sunitha vs S. Subramanian @ Saravanan on 10 October, 2018
Equivalent citations: AIRONLINE 2018
primary proceedings and the proceedings u/s 263
passed equated to collateral proceedings. It has further been held based on various judicial
pronouncements ... challenged even in appellate proceedings arising out of a collateral
proceeding. In view of the aforesaid legal position we admit the additional grounds for
adjudication
clear that the Commission has modified the terms
of the PSA. Before proceeding to deal with the status of the PSA, it needs ... Business) Regulations, 2005 cannot be
set aside and ignored in a collateral proceeding. Since, the Order dated 24.01.2007 is
valid and subsisting, it is necessary
notice of the same and they can be
disregarded in collateral proceeding. As per the said
judgment , the other type of void act like transaction
notice of
the same and it can be disregarded in collateral proceeding or
otherwise. The other type of void act, e.g., may be transaction ... worthless; cipher; useless and ineffectual and may be
ignored even in collateral proceeding as if it never were.
18. The word "void
case, the present application is not a collateral
proceeding where the defence of the alleged nullity of the Decree can be
raised by Official Liquidator
Chanchalben W/O Bhagwandas ... vs Keshavbhai Kalyanbhai Thro ... on 6 April, 2018
Author: J.B
