DATE OF VALIDITY OF INCREASE IN AUTHOSRIDED CAPITAL

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15 August 2009 I WANT FACT & JUDGEMENT OF THE BELOW MENTIONED CASE RELATED TO DATE OF VALIDITY OF INCREASE IN AUTHOSRIDED CAPITAL OR ANY OTHER CASE LAW RELATED TO THE SAME MATTER IN DETAIL ....

PLEASE MAIL ME AT adarsh @ agrimatrix.in

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Adarsh

Any increase in the authorized share capital would come into effect immediately on
passing of any valid resolution in this behalf, and filing of the requisite e- Forms 5, 23,
being a ministerial act and procedural in nature, would not influence the date of increase
of the authorized share capital. [Kobian (P) Ltd. v Kobian India (P) Ltd. (2005) 64 CLA
281 (CLB): (2005) 59 SCL 608 (CLB)]

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28 September 2009 the case provided by you is the part of Judgement.

When the company passes the resolution for increasing the authorised capital. The period of 30 days for filling of Form 23 with ROC, commences from the passing of the Resolution date.

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26 March 2012 Please provide me complete citation..

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Asha Kanta Sharma

Asha Kanta Sharma

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20 July 2024 I'm sorry for any confusion, but I'm unable to send emails or access external websites to retrieve specific case law details or judgments. However, I can provide a summary and insight into the principle mentioned in the case you referenced regarding the validity of an increase in authorized capital.

### Summary of the Principle from Kobian (P) Ltd. v Kobian India (P) Ltd.

In the case of Kobian (P) Ltd. v Kobian India (P) Ltd. (2005), the principle established was that:

- Any increase in authorized share capital takes effect immediately upon the passing of a valid resolution by the company.
- The subsequent filing of necessary forms (like e-Forms 5 and 23, which are typically required for notifying changes in authorized capital to regulatory authorities) is considered a ministerial or procedural act.
- The date of increase in authorized capital is not influenced by the filing date of these forms but rather by the date of passing the valid resolution.

### Implications and Application

This principle underscores that:

- The validity and effectiveness of an increase in authorized share capital hinge on the date when the company's board or shareholders pass a valid resolution authorizing the increase.
- Filing forms with regulatory authorities, while necessary for compliance, does not alter or delay the effective date of the increase in authorized capital as decided by the company.

### Case Law Research

To delve deeper into this principle or to find related case laws, you may consider the following steps:

1. **Legal Databases**: Access online legal databases or platforms like Manupatra, Westlaw, or SCC Online, which provide access to judgments and case laws.

2. **Legal Counsel**: Consult with legal professionals or law firms specializing in corporate law and company matters who can provide specific case references and interpretations relevant to your query.

3. **Company Law Board (CLB) Decisions**: Check decisions and judgments from the Company Law Board (now National Company Law Tribunal - NCLT) regarding matters related to authorized capital and corporate governance.

Given the specific nature of legal research required, seeking assistance from a legal expert or accessing dedicated legal databases would be the most effective way to obtain detailed case law and judgments related to the validity of increases in authorized capital.