Please help

Vikas Gupta (CHARTERED ACCOUNTANT) (16295 Points)

03 February 2012  

Please Anyone help me by answering these

6. Attempt the following with the help of decided case laws:

(i) The transferee purchased 2700 shares of the company and lodged the
transfer deed along with the original share certificate to the Registrar and Share
Transfer Agent (RSTA) of the company. The company did not register the shares in the name of the transferee inspite of the transferor taking up the matter with the company. The transferee, therefore, filed a petition under section 111/111A of the Companies Act, 1956. The company is seeking shelter under SICA. Whether protection under SICA available in this case? Whether shares to be
transferred?


(ii) Validity of the AGMs held by the company was pending in a civil suit. Applicants sought the CLB to issue directions to the company to hold AGM. Whether it is
possible for the CLB to do so?


(iii) Whether equity shares already issued can be converted into redeemable preference shares? Discuss with the help of a case law.

(iv) An order passed by the single judge for winding up the company had been appealed against and had been affirmed in the appeal. However, in a recall application, the appellant contended that he was not aware of the winding up proceedings and that he was prepared to discharge the liability of the company and therefore sought to set aside the winding up order. Whether recall is permissible?

 

Thanks in advance