Independent professional certification requires pleaded knowledge or complicity for criminal liability; untimely complaints remain barred by limitatio...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Interrogatories are maintainable in oppression and mismanagement proceedings when they seek material facts directly connected with the pleaded allegations, and discovery and inspection may be ordered under the Companies Act, the Companies (Court) Rules and the Company Law Board Regulations read with the CPC. The court treated interrogatories on transfer of business, sale of assets, alternate land and stoppage of business as relevant and not a fishing, vexatious, oppressive or scandalous enquiry. Rejection on delay was unsustainable because the application was moved after pleadings were completed and no limitation applied. The rejection was set aside and the respondents were directed to answer the interrogatories.
Interrogatories are maintainable in oppression and mismanagement proceedings when they seek material facts directly connected with the pleaded allegations, and discovery and inspection may be ordered under the Companies Act, the Companies (Court) Rules and the Company Law Board Regulations read with the CPC. The court treated interrogatories on transfer of business, sale of assets, alternate land and stoppage of business as relevant and not a fishing, vexatious, oppressive or scandalous enquiry. Rejection on delay was unsustainable because the application was moved after pleadings were completed and no limitation applied. The rejection was set aside and the respondents were directed to answer the interrogatories.
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