Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2008

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.

Chembra Orchard Produce Ltd.& Ors vs Regional Director Of Co.Affairs & Anr · Niyam