https://www.taxtmi.com/caselaws?id=103153 Maintainability of a petition under sections 397 and 398 of the Companies Act, 1956 is tested with reference to the facts existing when the petition is filed. A company cannot defeat an otherwise maintainable petition by unilaterally deleting the petitioners' names from the register without lawful rectification proceedings. Consent under section 399(3) must be real and specific to the petition and reliefs sought, but the materials did not justify dismissal on that ground. The challenge to locus and consent therefore failed, and the petition was held maintainable. en-us Wed, 29 Jul 1992 00:00:00 +0530 Tue, 21 Feb 2012 10:57:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103153 Maintainability of a petition under sections 397 and 398 of the Companies Act, 1956 is tested with reference to the facts existing when the petition is filed. A company cannot defeat an otherwise maintainable petition by unilaterally deleting the petitioners' names from the register without lawful rectification proceedings. Consent under section 399(3) must be real and specific to the petition and reliefs sought, but the materials did not justify dismissal on that ground. The challenge to locus and consent therefore failed, and the petition was held maintainable. Case-Laws Companies Law Wed, 29 Jul 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103153