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december 2008

Supreme Court of India · 2008-12-04

CHEMBRA ORCHARD PRODUCE LTD. vs REGIONAL DIRECTOR OF CO.AFFAIRS

Citation / case number
SC 2007/37416
Court
Supreme Court of India
Petitioner
CHEMBRA ORCHARD PRODUCE LTD.
Respondent
REGIONAL DIRECTOR OF CO.AFFAIRS
Author
S.H. KAPADIA,AFTAB ALAM, , ,
Bench
S.H. KAPADIA,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court clarified the procedural requirements under Section 391(1) of the Companies Act for convening meetings of creditors and members. It emphasized that a Judge's summons must be supported by an affidavit and that a copy of the proposed compromise or arrangement should be annexed. The Court held that proper notice must be given to all relevant parties at least 21 days prior to the meeting, ensuring compliance with the statutory requirements for transparency and fairness in corporate restructuring processes.

CHEMBRA ORCHARD PRODUCE LTD. vs REGIONAL DIRECTOR OF CO.AFFAIRS · Niyam