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Jatin Bhupendra Shah vs Praj Industries Limited And Ors on 1 February, 2023

26) In light of the aforesaid legal position, a detail reference to the Judgments of the Gujarat High Court in Company Application No. 77 of 2014 and connected applications in the matter of Authorised Officer and Assistant General Manager Vs. Official Liquidator of Apoorva Laminates Private Ltd., and Star Chemicals (Bombay) Ltd Vs. Vitta Mazda Ltd. And Another 4, the judgments of Madras High Court in V.G.P. Finances Limited Vs. Neptune Inflatables Limited5, and Panjab and Haryana High Court in the case of Chetan K. Singh Vs. City Bank N.A. and Others6 , sought to be relied upon by Mr. Vaghela is not warranted. It would be suffice to note that those cases revolved around the question of validation of the disposal of the assets of the Company under Section 536 (2) of the Companies Act, 1956.
Bombay High Court Cites 32 - Cited by 0 - N J Jamadar - Full Document

Jatin Bhupendra Shah vs Praj Industries Limited And Ors on 1 February, 2023

26) In light of the aforesaid legal position, a detail reference to the Judgments of the Gujarat High Court in Company Application No. 77 of 2014 and connected applications in the matter of Authorised Officer and Assistant General Manager Vs. Official Liquidator of Apoorva Laminates Private Ltd., and Star Chemicals (Bombay) Ltd Vs. Vitta Mazda Ltd. And Another 4, the judgments of Madras High Court in V.G.P. Finances Limited Vs. Neptune Inflatables Limited5, and Panjab and Haryana High Court in the case of Chetan K. Singh Vs. City Bank N.A. and Others6 , sought to be relied upon by Mr. Vaghela is not warranted. It would be suffice to note that those cases revolved around the question of validation of the disposal of the assets of the Company under Section 536 (2) of the Companies Act, 1956.
Bombay High Court Cites 32 - Cited by 0 - N J Jamadar - Full Document

Sahara vs O.L on 23 July, 2009

The decisions upon which the learned counsel for the applicant has relied upon are not in the facts as exist in the present case nor the present case is to be considered as against the rights of other ordinary creditors. Further, the transaction in question is not in ordinary course of business of the Company nor it is demonstrated arising out of extreme necessity of the Company in liquidation. Therefore, such decisions since were in different facts and situation than as arising in the present applications, are of no help to the applicant. At this stage, it may be recorded that for exercise of powers under Section 536(2) of the Act, this Court in the case of Star Chemicals (Bombay) Limtied Vs. Vitta Mazda Limited, reported at 2005(0) GLHEL 216070, summarized the principles as under:
Gujarat High Court Cites 4 - Cited by 0 - J Patel - Full Document
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