chairman of the company and there is thus a complete deadlock.
(3) The company is commercially insolvent and its assets are insufficient to meet ... learned Advocate-General also rightly did not press the ground based on deadlock for though there might have been a deadlock
supplementary agreement dated
20.03.2019, which reads as follows:
"20. Resolution of Deadlock and Disputes:
a) In case of disagreement/deadlock, one more
meeting ... given
accordingly so that the buying partner will get majority and
the deadlock can be cleared. Still the deadlock continues the
matter may be referred
Longsan and
Mansan of the Nongpoh Sirdarship, which has created a deadlock in the
administration of the said Sirdarship. It has also been stated ... writ petitioner to continue in office has resulted in an
administrative deadlock in the Sirdarship.
6. Mr. S. Sen, learned counsel for the applicant
Longsan and
Mansan of the Nongpoh Sirdarship, which has created a deadlock in the
administration of the said Sirdarship. It has also been stated ... writ petitioner to continue in office has resulted in an
administrative deadlock in the Sirdarship.
6. Mr. S. Sen, learned counsel for the applicant
Comp App (AT)(CH) No. 363/2019 31 of 225
was deadlock between the two groups. According to counsel for
the Puri group, mere finding ... deadlock cannot be the basis for
invoking powers under Sections 397 , 398 , 399 of the Act. In the
first place, the submission is founded
guise of a private company. The position amounted to a complete deadlock and its just and equitable that the company should be wound up.
Shri ... slightest justification to wind up such a company. There has been no deadlock in the management of the Company. Nor is there any pleading
Furthermore, the resignation demonstrates a manifest
attempt to create a deadlock in the Company and defeat the execution of the
consent terms only to frustrate ... impugned order
for winding up of the company is the alleged deadlock in management which is
equally erroneous. The Appellants hold only 40% shares versus
only when shareholding is more or less equal and there is complete deadlock in the company on account of lack of probity in the management ... company is a domestic concern. It should also be shown that irresolvable deadlock in the administration of the company has resulted because of groupism among
equal partner in the business, is bent upon creating the deadlock in the administration of the respondent-company. In fact, no Board Meeting ... became necessary in the larger interest of the company for covering a deadlock otherwise irremovable. Furthermore, in the event, a meeting is called or conveyed
Thakkar) was not co-operating and the company was heading towards
deadlock and Appellant No. 2 (Mr. Atul M. Thakkar) has no other choice ... overlap." The first
of these is labelled as, "functional deadlock", where the
inability of members to cooperate in the management