Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
The NCLAT upheld the impugned order dated 02.04.2025, affirming it as a continuation of prior directions rather than a review or recall prohibited under Section 420(2) of the Companies Act, 2013. The Tribunal found no justification for conducting a Secretarial Audit given the absence of evidence that financial statements were ever filed with the ROC for the period 2015-2023. The appellant failed to produce any material disputing the PCS report, which confirmed that the company was non-operational and thus ineligible for such audit. The appellant's reliance on pleadings without judicial scrutiny or evidential support was rejected. Consequently, the order dispensing with the Secretarial Audit was deemed judicious and based on a proper appreciation of the record. The appeal was dismissed in its entirety for lack of merit.
The NCLAT upheld the impugned order dated 02.04.2025, affirming it as a continuation of prior directions rather than a review or recall prohibited under Section 420(2) of the Companies Act, 2013. The Tribunal found no justification for conducting a Secretarial Audit given the absence of evidence that financial statements were ever filed with the ROC for the period 2015-2023. The appellant failed to produce any material disputing the PCS report, which confirmed that the company was non-operational and thus ineligible for such audit. The appellant's reliance on pleadings without judicial scrutiny or evidential support was rejected. Consequently, the order dispensing with the Secretarial Audit was deemed judicious and based on a proper appreciation of the record. The appeal was dismissed in its entirety for lack of merit.
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