company and its Directors could
be stayed by the Company Court while sanctioning a
scheme under Section 391-392 of the Companies
Act?
iv) Depending ... under Section 391 by or in respect of the
company. Therefore, according to Mr Batra, a scheme under Section 391 of
the Companies Act
company and its Directors could
be stayed by the Company Court while sanctioning a
scheme under Section 391-392 of the Companies
Act?
iv) Depending ... under Section 391 by or in respect of the
company. Therefore, according to Mr Batra, a scheme under Section 391 of
the Companies Act
company and its Directors could
be stayed by the Company Court while sanctioning a
scheme under Section 391-392 of the Companies
Act?
iv) Depending ... under Section 391 by or in respect of the
company. Therefore, according to Mr Batra, a scheme under Section 391 of
the Companies Act
company and its Directors could
be stayed by the Company Court while sanctioning a
scheme under Section 391-392 of the Companies
Act?
iv) Depending ... under Section 391 by or in respect of the
company. Therefore, according to Mr Batra, a scheme under Section 391 of
the Companies Act
under Section 391
of the Companies Act, 1956 (hereinafter `Companies
2
Act') does not amount to compounding of an offence
under Section 138 read ... dissenting minority, the company as also
the liquidator if the company is under winding up.
Therefore, Section 391 of the Companies Act gives
very wide
Act; but" transferor
company" includes anybody corporate,
whether a company within the meaning of
this Act or not.‖
23. Proviso to Section 391 ... relevant and material facts for the purpose of Section
391 to Section 394 of the Companies Act. Position would have been
Co.app.42/2011
more companies), is to be made to the
court in terms of section 391 of the Companies Act, 1956. Sub-section (1) of
6
Section ... registration. Section 394A of the
7
Companies Act, 1956 provides that the Court shall give notice of every
application made under section 391
arrangement in respect of a company is made by the Court
under Section 391 of the Companies Act, 1956. The power of the Court ... 391 of the Companies Act is prescribed/set out under Section 392 of the
Companies Act. Section 392 of the Companies Act
other. Section 392 comes into operation after the enquiry under Section 391 is
over. The Court, under Section 391 of the Companies Act, is entitled ... application
referred to in Section 391(6) is an application filed by the company under
Section 391(1) for convening and holding a meeting
Page 20 of 23
35. Reference to Section 391 of the Companies Act, to our mind, is of
no avail for the respondents. Section 391 ... envisaged under the scheme prepared by BIFR.
Therefore, Section 391 of the Companies Act has no role to play in
the present case
