Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
A High Court held that the second proviso to Rule 30(9) of the Companies (Incorporation) Rules, 2014 imposes a strict bar on shifting a company's registered office where an appeal against the approved resolution plan is pending, and that Section 238 of the IBC does not override this restriction. The Court read the proviso as creating an independent threshold, found the Regional Director acted beyond jurisdiction in permitting the shift, and set aside the Regional Director's order as well as the Single Judge's order. It also held that the appellants could maintain the writ petition because they were heard in the proceedings, were aggrieved by the impugned order, and had no efficacious alternative remedy.
A High Court held that the second proviso to Rule 30(9) of the Companies (Incorporation) Rules, 2014 imposes a strict bar on shifting a company's registered office where an appeal against the approved resolution plan is pending, and that Section 238 of the IBC does not override this restriction. The Court read the proviso as creating an independent threshold, found the Regional Director acted beyond jurisdiction in permitting the shift, and set aside the Regional Director's order as well as the Single Judge's order. It also held that the appellants could maintain the writ petition because they were heard in the proceedings, were aggrieved by the impugned order, and had no efficacious alternative remedy.
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