Enercon GmbH vs Wind World (India) Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Bom) 1295

N.M.JAMDAR
Enercon GmbH – Appellant
Versus
Wind World (India) Limited – Respondent

Advocates:
Advocate Appeared:
Mr. S.U. Kamdar Senior Advocate, a/w Mr. Zubin Behramkamdin, Mr. Jehangir Jejeebhoy a/w Mr. Vivek Vashi, Ms. Kanika Sharma, Mr. Hrushi Narvekar, Mr. Krishnendu Sayta, Ms. Shaheda Madraswala i/b M/s. Bharucha & Partners, for Appellant in COAPP No.42 of 2013.
Mr. Sudipto Sarkar Senior Advocate, Mr. Navroz.H.Seervai Senior Advocate, Mr. Zubin Behramkamdin, Mr. Jehangir Jejeebhoy a/w Mr. Vivek Vashi, Ms Kanika Sharma, Mr. Hrushi Narvekar, Mr. Krishnendu Sayta, Ms. Shaheda Madraswala i/b M/s. Bharucha & Partners, for Appellant in COAPP No.43 of 2013.
Mr. Fredun DeVitre, Senior Advocate a/w Mr. Nikhil Sakhardande a/w Ms. Swagata Naik a/w Ms Sonali Mathur, Ms. Priyanka A.Shetty i/b AZB & Partners, for Respondent Nos.2 to 8 in COAPP No.42 and 43 of 2013.

JUDGMENT

INTRODUCTION

These two Company appeals arise from the common order passed by the Company Law Board, Mumbai bench, Mumbai dated 14 December 2012. The parties and the issues raised in these two appeals are interlinked. The appeals were argued and heard together and are being disposed of by this common judgment.

2. Both the Company Appeals are filed by Enercon GmbH. In Company Appeal No.42 of 2013 – Enercon GmbH has challenged the order passed by the Company Law Board in Company Petition No.83 of 2011 (originally numbered as Company Petition No.74 of 2008) filed by Mr.Yogesh Mehra and others. In Company Appeal No.43 of 2013 - Enercon GmbH has challenged the order passed by the Company Law Board in Company Petition No.82 of 2011 (originally numbered as Company Petition No.121 of 2007) filed by Enercon GmbH.

3. The Company in respect of which the proceedings have arisen is M/s Enercon (India) Limited, now named Wind World (India) Ltd. Enercon GmbH holds 56% equity shares in Enercon India Ltd and 44% share-holding is by the Mehra family. Yogesh Mehra is the Managing director of Enercon India Limited. His brother Ajay Mehra is a whole time director. The other directors on the board o

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2015 Supreme(Bom) 1295

N.M.JAMDAREnercon GmbH – AppellantVersusWind World (India) Limited – Respondent

Cases Referred (6)

N.M.JAMDAR
Enercon GmbH – Appellant
Versus
Wind World (India) Limited – Respondent