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    <title>2004 (4) TMI 300 - HIGH COURT OF BOMBAY</title>
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    <description>Section 392 of the Companies Act, 1956 was treated as conferring continuing supervisory power on the company court to clarify and secure effective implementation of a sanctioned scheme. The Limitation Act applied, but the claim was not governed by articles 65 or 136, and article 137 was satisfied because the application was brought within three years of the order giving rise to the need for clarification. Resort to co-operative society remedies did not bar relief under section 392, since the application sought directions under the scheme rather than appellate review of co-operative authorities. The sanctioned scheme itself provided for vesting and transfer of the subject flat and basement, so membership transfer could not be defeated by later expert directions or pending co-operative disputes, subject to compliance with co-operative law.</description>
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    <pubDate>Fri, 16 Apr 2004 00:00:00 +0530</pubDate>
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      <title>2004 (4) TMI 300 - HIGH COURT OF BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=109093</link>
      <description>Section 392 of the Companies Act, 1956 was treated as conferring continuing supervisory power on the company court to clarify and secure effective implementation of a sanctioned scheme. The Limitation Act applied, but the claim was not governed by articles 65 or 136, and article 137 was satisfied because the application was brought within three years of the order giving rise to the need for clarification. Resort to co-operative society remedies did not bar relief under section 392, since the application sought directions under the scheme rather than appellate review of co-operative authorities. The sanctioned scheme itself provided for vesting and transfer of the subject flat and basement, so membership transfer could not be defeated by later expert directions or pending co-operative disputes, subject to compliance with co-operative law.</description>
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