CA-246

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 »

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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