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Court Approves Scheme Dispensing Member Meetings; Compliance with Accounting Standards and Record Preservation Mandated. The HC sanctioned the scheme in Company Petition Nos. 330 and 331 of 2015, approving the dispensation of member meetings as per Section 391(1) of the ...
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Court Approves Scheme Dispensing Member Meetings; Compliance with Accounting Standards and Record Preservation Mandated.
The HC sanctioned the scheme in Company Petition Nos. 330 and 331 of 2015, approving the dispensation of member meetings as per Section 391(1) of the Companies Act, 1956. The petitioner company agreed to comply with Accounting Standard 14. The court mandated preservation of records under Section 396(A) and directed payment of fees to advocates and the Official Liquidator. The issuance of drawn-up orders was waived, with authorities instructed to act on authenticated copies of the order.
Issues: 1. Sanctioning of the scheme in Company Petition Nos. 330 of 2015 and 331 of 2015. 2. Dispensation of meetings of different classes of members. 3. Compliance with Accounting Standard 14. 4. Preservation of books of accounts, papers, and records by the petitioner company. 5. Payment of fees to the advocates and the Official Liquidator. 6. Filing and issuance of drawn-up orders.
Analysis:
1. The petitioners in Company Petition Nos. 330 of 2015 and 331 of 2015 sought sanctioning of the scheme presented with both petitions. The court allowed the prayers, and the scheme was sanctioned.
2. The petitioners also filed Company Applications No. 278 of 2015 and 277 of 2015 to dispense with the meetings of different classes of members. The court, in separate orders, dispensed with the meetings as required under Section 391(1) of the Companies Act, 1956.
3. The Regional Director raised a query regarding non-compliance with Accounting Standard 14. The petitioner undertook to comply with the requirement, and the court found that the petitioners had duly answered the query, leading to no further observations or queries.
4. Following the report of the Official Liquidator, the court ordered the petitioner company to preserve its books of accounts, papers, and records as per the provisions of Section 396(A) of the Companies Act, 1956, without disposing of them without prior permission.
5. The petitioners were directed to pay fees to the advocates and the Official Liquidator as specified in the judgment.
6. The filing and issuance of drawn-up orders were dispensed with, and all concerned authorities were instructed to act on a copy of the order authenticated by the Registrar, High Court of Gujarat within a specified timeline.
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