Supreme Court · 2013 INSC 215 · Decided 4 April 2013
Bhagwati Developers Private LTD. v. The Peerless General Finance Investment Company Limited & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 215 · [2013] 5 S.C.R. 708
- Case number
- CIVIL APPEAL No. 361/2005
- Decided
- 4 April 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Companies Act Section 397, 398, 399
Headnote
C Companies Act, 1956: ss. 397 and 398 - Comparw petition - With the consent of other share-holders - Withdrawal of, by original petitioners - Effect of- Held: The withdrawal would not render the petition D non-existent, parties who provide consent to file the petition, are entitled to be transposed as petitioners in the case. s. 399 - Company petition - With the consent of other share-holders - Form of consent - Held: Consent need not E be given by the share-holder personally - It can be given by
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