CA-241 (2)

When a Company, registered under Section 8 of the Companies Act, 2013 and its affairs are being conducted in a manner prejudicial to the public interest, the Central Government is entitled to file an application under Section 241 – Major Atul Dev (Retd.) and Ors. Vs. Union of India and Ors. – NCLAT New Delhi

A. What are the requisite conditions precedent for invoking provisions of Section 241(2) of the Companies Act, 2013? B. Section 241-242 application in case of Section 8 Companies

When a Company, registered under Section 8 of the Companies Act, 2013 and its affairs are being conducted in a manner prejudicial to the public interest, the Central Government is entitled to file an application under Section 241 – Major Atul Dev (Retd.) and Ors. Vs. Union of India and Ors. – NCLAT New Delhi Read Post »

During the process of investigation and pendency of an application under Section 241(2) read with Section 242 of the Companies Act, 2013 and in view of powers conferred under Section 221, the Tribunal/NCLT is not only empowered to pass appropriate interim order against the Company but also against any person or individual, including the order to desist – Union of India, Ministry of Corporate Affairs Vs. Gitanjali Gems Ltd. and Ors. – NCLAT New Delhi

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During the process of investigation and pendency of an application under Section 241(2) read with Section 242 of the Companies Act, 2013 and in view of powers conferred under Section 221, the Tribunal/NCLT is not only empowered to pass appropriate interim order against the Company but also against any person or individual, including the order to desist – Union of India, Ministry of Corporate Affairs Vs. Gitanjali Gems Ltd. and Ors. – NCLAT New Delhi Read Post »

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