Companies Act.
According to him, Section 392 of the Act had no predecessors
either in English Law or in the Companies Act ... absent in Section 391 , so
that companies falling within Section 391 , but not within
Section 394 , would not be amenable to the Company Court
Acts
RDB Act and SFC Act covering the aspect dealt with Section 391 to
Section 394 of the Act of 1956 for modification ... Act or Section 29 and Section 46B of the SFC Act over
Section 391 to Section 394 including Section 391(6) of the Act
time to time extended.
The company thereafter filed the company petition under Section 391 (1) of the
Companies Act, 1956 being ... amalgamation of a company owning an industrial undertaking with another
company."
The Companies Act, 1956
20. Section 391 of the Companies Act, 1956 reads
said section's real purport and its effect.
29.
The Court has express powers under Section 391 of the Companies Act
1956 to decide ... revival of
the company under liquidation. The proposal needs to be genuine and
viable. The Section 391 of the Companies Act 1956, reads thus:-
Sec
company is not sick and proceedings are resorted to by the
company under Section 391 to Section 394 of the Companies Act, 1956 to bring ... creditor cannot frustrate a scheme of composition
under Section 391 to Section 394 of the Companies Act, 1956, there is no reason
why a minority
that the Company Court would have no jurisdiction to entertain the application, which was moved under Sections 391-394 of the Companies Act, which ... learned Single Judge are set aside. The Company Applications filed under Sections 391-394 of the Companies Act, are dismissed.
Date:8th September
company Judge of this Court
on 18th July, 2001 and the Company Petition No.327 of 2001 filed under
section 391 of the Act ... COMPANY
MATTERS.
The Company Europlast India Ltd. propounded a Scheme of Compromise
with its Unsecured Creditors under Section No. 391 of the Companies
Act
company is
not sick and proceedings are resorted to by the company under
Section 391 to Section 394 of the Companies Act, 1956 to bring ... arrangement/compromise qua the
secured creditors of the company under Section 391 of the
Companies Act suffers from error of law or jurisdiction. The
petitioner
Director R.Subramanian .. Transferee Company
Petitions under sections 391 and 394 of the Companies Act praying for the reliefs as stated therein.
-----
For Petitioners ... transferor and the transferee companies, filed under Sections 391 and 394 of the Companies Act, 1956, praying for sanctioning a Scheme of Amalgamation, with effect
Companies Act , there is no provision except Section 391 to
Section 394 which deal with procedure and power of the Company Court
to sanction ... that the present application under Section
392 of the Companies Act is without jurisdiction. On the other
hand, Sections 391 to 394 has ample power
