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
Act (Ground no. 1 of the Company
Appeal)
2.3.1. Section 391-394 vs. Section 77A of the Companies Act, 1956
• The Company filed ... back under Section 77A of the
Companies Act, 1956 was an alternative method provided to the Company as
against Section 391-394 of the Companies
Act (Ground no. 1 of the Company
Appeal)
2.3.1. Section 391-394 vs. Section 77A of the Companies Act, 1956
• The Company filed ... back under Section 77A of the
Companies Act, 1956 was an alternative method provided to the Company as
against Section 391-394 of the Companies
Companies Act, 1956 (' Companies Act ' for
short) against the oral judgement dated
16.05.2008 passed by the Company Judge in
Company Petition ... Act' for short), a scheme under Section 391 of
the Act could not be floated since the provisions
of RDB Act overrides the Companies
also referred to the interplay between Sections 391 to 394 and
Section 466 of the Companies Act. The Company Court held
that there ... conflict in applying the
provisions of Sections 391 to 394 and Section 466 of the
Companies Act and in harmoniously construing them.
51. The Company
under the provisions of Section 391(2) of the Companies Act,
1956 (hereinafter referred to as the "said Act"), as a deemed decree ... winding up of the Company.
3.8. This Scheme upon approval by the requisite majority under
Section 391 of the Companies Act, 1956 and sanctioned
noted the submission of the company that
it had filed a scheme under Section 391 of the Companies Act, 1956,
before this Court, which ... meantime, the
company also submitted an application to the Delhi High Court
under Section 391 of the Companies Act, 1956 seeking the court
sanctioning scheme of arrangement by the
company Court pursuant to Section 391 to 394 of the Companies Act, 1956
will have a statutory force binding ... Arrangement proposed by Vodafone
Essar Gujarat Limited under sections 391 to 394 of the Companies
Act, 1956 vide Company Petition No. 183 of2009. That
sanctioning scheme of arrangement by the
company Court pursuant to Section 391 to 394 of the Companies Act, 1956
will have a statutory force binding ... Arrangement proposed by Vodafone
Essar Gujarat Limited under sections 391 to 394 of the Companies
Act, 1956 vide Company Petition No. 183 of2009. That
