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NCLT JUDGEMENT ON SECTION 220, 248(1), 248(2), 248(4), 252(1), 252(3), 262 COMPANIES ACT, 2013

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        NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Bara Machines Private Limted Vs. Registrar Of Companies, Gujarat, (2020) 06 NCLT CK 0005 NCLT allowed the appeal filed by the Appellant   under Section 252(1) of the Companies Act, 2013, against the order of Registrar of Companies (hereinafter referred to as 'ROC'), Gujarat, whereby and where-under the ROC, Gujarat pleased to struck off the name of the Company from the Register maintained for live Companies. While allowing the appeal NCLT held that in this case, the Appellant stated that no Notice has been served on him and/or the Company, whereas, the ROC, Gujarat contended that such Notice was duly served to him. It i...
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NCLT JUDGEMENT ON SECTION 3, 3(10), 3(11), 3(23), 5, 5(7), 5(8), 5(20), 5(21), 7, 8, 8(1), 8(2), 9 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, RULE 5(2), 6 OF THE INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016 AND SECTION 2(Z), 2(ZN) OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

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        NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Ashok Agarwal Vs. Amitex Polymers Private Limited, (2020) 06 NCLT CK 0040 NCLT dismissed the petition filed by the petitioner, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'code') read with Rules 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority), 2016 (for brevity 'the Rules') with a prayer to initiate the Corporate Insolvency process against the Corporate Debtor. While dismissing the petition NCLT held that we would like to refer the latest decision of Hon'ble NCLAT passed in the matter of Digamber Bhondwe Vs. JM Financial Asset Reconstruction Company Limited in which Hon...
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NCLT JUDGEMENT ON SECTION 248, 248(1), 248(4), 252(3), 455 OF THE COMPANIES ACT, 2013

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        NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Ambrish Gunvantrai Dave, Director Of Euthenics Energy Solutions Pvt. Ltd. Vs. Registrar Of Companies, Gujarat, (2020) 08 NCLT CK 0068 NCLT allowed the appeal filed by the applicant, under Section 252(3) of the Companies Act, 2013 for restoration of the name of the struck off company. While allowing the appeal NCLT held that it is noted that company has failed to file returns for three Financial Years which prompted ROC, (Dadra & Nagar Haveli) Gujarat to strike off the name of such company from its Register of Companies. No plausible explanation has been given for such failure. Although, it has been claimed that notice u...
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