Sunday, December 7, 2008

COMPANY LAW BOARD ORDERS

Oppression and mismanagement --Petition for relief--Inordinate delay in raising grievances regarding failure to send notices and non-transparency in conducting affairs of company--Some copies of notices produced by petitioners--No bona fides on part of petitioners--Equitable relief not granted--Companies Act, 1956, ss. 397, 398-- Mrs. Grimolyn Kagoo v . Gees Marine Products P. Ltd.
. . . 211

----Petition for relief--Non-declaration of dividends due to huge accumulated losses--Not oppression--Companies Act, 1956, ss. 397, 398-- Mrs. Grimolyn Kagoo v. Gees Marine Products P. Ltd . . . . 211

----Petition for relief--Oppression--Apportionment of profit on basis of private memorandum of understanding to exclusion of some members--Company not party to memorandum nor memorandum approved by board of directors--Treating property of company as personal property by respondent--Oppressive--Companies Act, 1956, ss. 397, 398-- Mrs. Grimolyn Kagoo v . Gees Marine Products P. Ltd . . . . 211

----Petition for relief--Power of attorney filing petition--Explicit powers conferred by validly executed power of attorney--No dispute survives regarding authority of power agent to file petition--Companies Act, 1956, ss. 397, 398-- Mrs. Grimolyn Kagoo v. Gees Marine Products P. Ltd . . . . 211

----Petition for relief--Unequal subscription of shares by petitioners at incorporation--Articles of association not contemplating equal shareholding among promoters--Belated claim regarding non-allotment of shares--Being aware of allotment--Petitioners guilty of acquiescence--Companies Act, 1956, ss. 397, 398-- Mrs. Grimolyn Kagoo v . Gees Marine Products P. Ltd . . . . 211