Shri Velamur Govindan Venkata Chalapathy

The principal of quasi partnership can be invoked in family companies and also applicable to public listed companies – Mr. Virendra R. Gandhi and Ors. Vs. Vadilal International Pvt. Ltd. and Ors. – NCLT Ahmedabad Bench

This judgment covers:

A. Family Dispute Settlement, B. Quasi Partnership, C. Oppression and mismanagement, D. Legitimate Expectations and E. Tribunal’s powers to order division of assets in an oppression and mismanagement petition.

The principal of quasi partnership can be invoked in family companies and also applicable to public listed companies – Mr. Virendra R. Gandhi and Ors. Vs. Vadilal International Pvt. Ltd. and Ors. – NCLT Ahmedabad Bench Read Post »

Resolution Plan cannot and should not have adjudicated the claim on his own, instead of by NCLT – Sheth Developers Pvt. Ltd. Vs. AVM Resolution Professional LLP – NCLT Ahmedabad Bench

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Resolution Plan cannot and should not have adjudicated the claim on his own, instead of by NCLT – Sheth Developers Pvt. Ltd. Vs. AVM Resolution Professional LLP – NCLT Ahmedabad Bench Read Post »

If no invocation of Personal Guarantee which is mandatory to prefer the application under Section 94 of IBC, the application is not maintainable – Santosh Kumar Dhirajlal Pathak Vs. Technology Development Board and Ors. – NCLT Ahmedabad Bench

Hon’ble NCLT Ahmedabad Bench held that as there is no invocation of guarantee which is mandatory to prefer the application under Section 94 of IBC, the application is not maintainable.

Further, the Bench held that applicant produced additional document at much belated stage and that too after 2 years 4 months from the date of the filing of report of RP under Section 99 of IBC, 2016. For filing documents no permission of the tribunal was sought by the applicant. There is no pleading about these documents in the petition. Hence, this document cannot be relied upon at this stage while passing an order under Section 100 of IBC, 2016.

If no invocation of Personal Guarantee which is mandatory to prefer the application under Section 94 of IBC, the application is not maintainable – Santosh Kumar Dhirajlal Pathak Vs. Technology Development Board and Ors. – NCLT Ahmedabad Bench Read Post »

Amount deducted from salary of Employees and was not deposited with Employees Cooperative Credit Society is covered under Section 66 of IBC – Dr. Vichitra Narayan Pathak RP of Golden Tobacco Ltd. Vs. Suniel Dhhandhania and Anr. – NCLT Ahmedabad Bench

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Amount deducted from salary of Employees and was not deposited with Employees Cooperative Credit Society is covered under Section 66 of IBC – Dr. Vichitra Narayan Pathak RP of Golden Tobacco Ltd. Vs. Suniel Dhhandhania and Anr. – NCLT Ahmedabad Bench Read Post »

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