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Dwarka vs Writers
cites
Section 391 in The Companies Act, 1956 [Entire Act]
The Code of Civil Procedure, 1908
Section 393 in The Companies Act, 1956 [Entire Act]
The Companies Act, 1956
Section 235 in The Companies Act, 1956 [Entire Act]
Section 351 in The Companies Act, 1956 [Entire Act]
S. K. Gupta & Anr vs K. P. Jain & Anr on 30 January, 1979
[6.17] Now
so far as the reliance placed upon the decision of the Hon'ble
Supreme Court in the case of S.K. Gupta and Anr. (Supra) on the locus
of the applicant, it is submitted by Shri Chaudhary, learned counsel
appearing on behalf of respondent No.1 that the said decision would
not be applicable to the facts of the present case. It is submitted
that assuming that the locus of the applicant
i.e. either M/s. Dwarka Prasad Agarwal and Brothers or Smt. Kishori
Devi is not relevant, in that case also, no such relief which is
sought in the present application can be granted in an application
under Section 392(1) of the Act, 1956. It is submitted that
admittedly the present application is under Section 392(1) of the
Act, 1956 seeking "modification" of the sanctioned Scheme
of Arrangement. It is submitted that proposed modifications or
directions are not specified. It is further submitted that as such
in addition to not specifying the modifications, there is no pleading
that the proposed modifications are necessary "for
the proper working of the sanctioned Scheme of Arrangement"
Section 394 in The Companies Act, 1956 [Entire Act]
Punjab National Bank Limited vs Bikram Cotton Mills & Anr on 17 September, 1969
[8.24] Now,
so far as reliance placed upon the decision of the Delhi High Court
in the case of Spice Communications Ltd & Anr. (Supra) by which
the Delhi High Court entertained the application to recall the order
sanctioning the Scheme of Amalgamation filed after a delay of 13
months is concerned, it is required to be noted that even the Delhi
High Court did not recall the order of sanctioning the Scheme of
Amalgamation in its entirety.