Equivalent Citation: 113CompCas273(Bom), 45SCL475(Bom) IN THE EXCESSIVE COURT OF BOMBAY
Charm Lodging Em. 520 and 526 of 2002 in Company request No . 203 of 2002 in Company Application Number 18 of 2002 Selected: 15. '07. 2002
Appellants: The Investments & Exchange Board of India (SEBI) Vs .
Respondent: Sterlite Companies (India) Limited.
Appellants: Union of India (UOI) through Ministry of Legislation Justice and Company Affairs, Department of Company Affairs, having its Mumbai Office for Mumbai Or
Respondent: Sterlite Industries (India) Ltd.
A. P. Shah and Nishita Mhatre, JJ.
For Appellant/Petitioner/Plaintiff: R. A. Dada and Kumar Desai, Advs., i/b., Maneksha and Sethna, Advs. in Charm (Lodging) No . 520 of 2002, R. V. Desai and G. Hariharan In Raja, Advs., i/b., Big t. C. Kaushik, Adv. in Appeal (L) No . 526 of 2002 For Respondents/Defendant: I. M. Chagla, Virendra, Virag Tulzapurkar and G. J. Khambata, Advs., i/b., Thokore Jariwala and Co-workers For Interveners: S. A. Diwan, Adv., i/b., As well as corrosion Gin pertaining to interveners Nationwide Securities Depository Ltd. and Ors., Rajiv Kumar and C. Deb. Mehta, Advs., i/b., Dhrue Liladhar and Co. pertaining to interveners-investors Depository Forum and S. V. Khera, Adv. one of the discuss holder Subject matter: Company
Firms Act, 1956 - Section 38, Corporations Act, 1956 - Section 55A, Corporations Act, 1956 - Section 77, Firms Act, 1956 - Section 77A, Businesses Act, 1956 - Section 77A(1), Companies Act, 1956 - Section 77A(2), Corporations Act, 1956 - Section 77A(3), Businesses Act, 1956 - Section 77A(4), Firms Act, 1956 - Section 77AA, Corporations Act, 1956 - Section 77B, Firms Act, 1956 - Section 80, Corporations Act, 1956 - Section 100, Companies Act, 1956 - Section 101, Firms Act, 1956 - Section 102, Businesses Act, 1956 - Section 103, Corporations Act, 1956 - Section 104, Businesses Act, 1956 - Section 108, Firms Act, 1956 - Section 391, Businesses Act, 1956 - Section 391(7), Firms Act, 1956 - Section 394, Companies Act, 1956 - Section 394A, Companies Act, 1956 - Section 402, Businesses Act, 1956 - Section 621; Investments and Exchange Board of India (Buy back of Securities) Regulations, 98; Depositories Take action, 1996; Securities and Exchange Board of India (Depositories and participants) Regulations, 1996; Securities and Exchange Plank of India (Substantial Purchase of Shares and Takeover) Regulations, 1997 - Regulations 20(3), Securities and Exchange Panel of India (Substantial Acquisition of Shares and Takeover) Rules, 1997 -- Regulations 21(3); Securities and Exchange Plank of India Act, 1992 - Section 11A, Investments and Exchange Board of India Action, 1992 - Section 11B; Indian Corporations Act, 1913 - Section 202; Firms (Amendment) Action, 1999 Situations Referred:
Ucal Energy Systems Ltd. and Anr., 1992 (73) Company Cases 63; Adi Pheroze Gandhi v. L. M. Seervai, Advocate basic of Maharashtra, AIR the year of 1971 SC 385; Motilal Kanji and Co. v. Natwarlal M Jhaveri, (1932) two company instances 64; Meters. G. Investment v. New Shorrock Rotating and Manufacturing CO, (1972) 42 Firm Cases one hundred forty five; Bar Council of Maharashtra v. D. V. Dabholkar etc ., ATMOSPHERE 1975 SC 2092; Punjab Distilling Companies Ltd. v. Commissioner of Income Tax, Punjab, (1965) three or more Company Circumstances 541; Hindustan Commercial Bank Limited versus. Hindustan Standard Electrical Company, (1960) 40 Company Situations 367; In Re: Maneckchowk & Ahmedabad Manufacturing Company Ltd., (1970) 40 Company Cases 819; Vasant Purchase Corporation Ltd. v. Standard Liquidator Colaba Land And Mill Company. ltd., (1981) 51 Company Cases twenty; In Re: PMP Auto Industrial Ltd., (1994) 70 Company Situations 289 Personality:
Case Take note:
(i) Organization - maintainability of appeal - Areas 55 A, 391, 394, and 394-A of Companies Act, 1956 - appeal against Purchase sanctioning scheme of set up between respondent and its...