Belated Form 10B filing during Covid-19 cannot defeat charitable exemption where genuine hardship warrants condonation and substantial justice prevail...
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An ex parte ad interim injunction restraining a statutory director-removal process was held maintainable in appeal, but the injunction itself was unsustainable. The court held that director status under Section 2(34) is functional and does not depend on shareholding; once appointed and filed in office, the person remains subject to removal under Section 169. It further held that Section 430 barred civil court interference with internal corporate action, and lack of locus before the tribunal did not revive civil jurisdiction because a waiver route was available. The injunction also failed because the order gave no reasoned satisfaction on prima facie case, balance of convenience, and irreparable injury.
An ex parte ad interim injunction restraining a statutory director-removal process was held maintainable in appeal, but the injunction itself was unsustainable. The court held that director status under Section 2(34) is functional and does not depend on shareholding; once appointed and filed in office, the person remains subject to removal under Section 169. It further held that Section 430 barred civil court interference with internal corporate action, and lack of locus before the tribunal did not revive civil jurisdiction because a waiver route was available. The injunction also failed because the order gave no reasoned satisfaction on prima facie case, balance of convenience, and irreparable injury.
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