Supreme Court of India · 2008-12-04
Chembra Orchard Produce Ltd.& Ors vs Regional Director Of Co.Affairs & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 1278
- Court
- Supreme Court of India
- Petitioner
- Chembra Orchard Produce Ltd.& Ors
- Respondent
- Regional Director Of Co.Affairs & Anr
- Bench
- Aftab Alam, S. H. Kapadia
Judgment text excerpt
The Supreme Court addressed whether an application under Section 391(1) of the Companies Act, 1956, for convening a meeting of creditors and members must be heard ex-parte as per Rule 67 of the Companies (Court) Rules, 1959. The Court held that such applications are indeed required to be moved ex-parte unless specified otherwise, affirming the procedural requirements for amalgamation schemes. The ruling clarifies the necessity of following the stipulated rules for the proper conduct of meetings related to company amalgamations.