CA-244 (1) (b)

Section 213 of the Companies Act, 2013 does not vest powers in NCLAT to appoint any third person as Administrator to carry out Investigation | The non-compliances with the provisions of Companies Act, 2013 does not constitute oppressive act or mismanagement of affairs of the Company – Dr. Dipen Kailash Chandra Agarawal and Others Vs. Nag Vidarbha Chamber of Commerce and Others – NCLT Mumbai Bench

Hon’ble NCLT Mumbai Bench held that:

(i) Powers vested under section 213 pertains to direction for investigation into the affairs of the Company and such investigation is to be carried out by the person appointed by the Central Government.
(ii) Public Interest, in the context of Section 8 Companies has wider import and encompasses the Company and its members within its ambit as Section 8 companies are meant to be non-profit making organisation where the members are barred from taking any benefit from such company in any manner.

Section 213 of the Companies Act, 2013 does not vest powers in NCLAT to appoint any third person as Administrator to carry out Investigation | The non-compliances with the provisions of Companies Act, 2013 does not constitute oppressive act or mismanagement of affairs of the Company – Dr. Dipen Kailash Chandra Agarawal and Others Vs. Nag Vidarbha Chamber of Commerce and Others – NCLT Mumbai Bench Read Post »

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