under
Section 392 of the Companies Act. The High Court
can act suo motu as contemplated by Section 392(1)
or it may act ... read in sub-section
(2) merely because Section 391 is referred to
therein. Unlike Section 391 , Section 392 does
not specify that a member
under
Section 392 of the Companies Act. The High Court
can act suo motu as contemplated by Section 392(1)
or it may act ... read in sub-section
(2) merely because Section 391 is referred to
therein. Unlike Section 391 , Section 392 does
not specify that a member
Hatti, CGC., for Registrar of Companies )
*****
This Company Petition filed under Section 391 to 394 of
the Companies Act, 1956, praying to sanction the Scheme ... Hatti, CGC., for Registrar of Companies )
*****
This Company Petition filed under Section 391 to 394 of
the Companies Act, 1956, praying to sanction the Scheme
petition filed under Section 391 of the Companies Act.
22. Section 392 of the Companies Act deals with the
power of the Court to enforce ... read in
sub-section (2) merely because Section 391 is
referred to therein. Unlike Section 391 , Section
392 does not specify that a member
Dattu, J.
1. Kirloskar Electric Company has filed this company petition under Sections 391 to 394 of the Companies Act, 1956 ('Act ... Section 391 of the Act provides for compromise or to make arrangements with creditors and members. Sub-section (1) of Section 391 of the Act
contemplated under Section 391(1) of the Act is not complied with. Compliance of Sections 391(1) and 391(2) of the Act ... Section 391 , Sub-section (1).
5. That all the requisite material contemplated by the proviso to Sub-section (2) of Section 391 of the Act
Section 391(2) is not cast in negative form whereas the proviso to section 391(2) is cast in negative form. As section 391 ... company, irrespective of the question whether they have expressly consented to it or not. Hence, under section 391 of the Companies Act
stay in terms of Section 391 read
with Section 392 of the Act. Section 466 of the
Act was not attracted when a scheme
approved ... satisfy the requirements of both Sections 391 to
394-A and Section 466 of the Companies Act while
dealing with a Company which has been
company by nameTechnoexport Foreign Trade Company Ltd. They contend that they are creditors within the meaning of Section 391 of the Act ... clearly discloses that the company has complied with all the statutory requirements as contemplated under Section 391 of the Companies Act. From the appointed
Transferor Company, a subsidiary of the Transferee Company, a body corporate, under the Banking Companies Acquisition Act , is permissible under Section 391 ... petitioner-company, as well as on the petitioner-Company and that by true construction of Sections 391 to 394 of the Companies Act, the transferee
