SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2002 Supreme(Mad) 388

N.V.BALASUBRAMANIAN
Shankar Sundaram – Appellant
Versus
Amalgamations Ltd. – Respondent


Advocates Appeared:
Mr. Arvid P. Datar, Senior Counsel for M/s. Gupta & Ravi. for Appellant. Mr.Anil B. Divan, Senior Counsel and Mr. S.Ganesh, Senior Counsel for Respondents Nos. 1 to 3. Mr. A.L. Somayaji, Senior counsel for Respondents Nos 4 to 9. Mr.Krishna Srinivas, for M/s. Ramasubramaniam & Associates for Respondents

Judgment :

1. An interesting question of law arises in this appeal on the scope of the expression "affairs of the company" occurring in Sections 397 and 398 of the Companies Act, 1956 and further questions whether the said expression would include the affairs of the subsidiaries of the holding company and whether a shareholder of the holding company can seek relief against the subsidiaries in terms of Section 402 of the Companies Act and on the jurisdiction of the Company Law Board to decide the said questions as preliminary issues arise in the appeal.

2. The appeal is filed against the order of the Company Law Board upholding the preliminary objection raised by respondent No.1 wherein the Company Law Board held that the appellant cannot claim reliefs against subsidiaries in terms of Section 402 of the Companies Act and deleted the names of subsidiaries and their directors from the array of parties.

3. The necessary facts are that the appellant herein, who is the petitioner in the company petition, is holding 10% of shares in the first respondent company. The first respondent company has 38 subsidiaries and some of the subsidiaries are, in turn, holding companies of other subsidia




























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top