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Judgment Search Results Home > Cases Phrase: debentures companies act Court: andhra pradesh Year: 2008 Page 1 of about 3 results (0.187 seconds)

Jan 23 2008 (HC)

Ghanta Infrastructures Ltd., a Company Incorporated Under the Provisio ...

Court : Andhra Pradesh

Decided on : Jan-23-2008

Reported in : 2008(2)ALT611

..... loan or advance granted or any debentures or bonds subscribed or any guarantees given or letters of credit established or any other credit facility extended by any bank or financial institution.section 2(m) defines 'financial institution' as:(i) unless the context otherwise requires a public financial institution within the meaning of section 4a of the companies act, 1956 (1 of 1956);(ii ..... by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or(iii) any other trustee holding ..... is created.section 2(1)(zd) of the act defines 'secured creditor' as:unless the context otherwise requires, secured creditor means any bank or financial institution or any consortium or group of banks or financial institutions and includes-(i) debenture trustee appointed by any bank or financial institution; or(ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up .....

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Jan 23 2008 (HC)

LPL Infrastructures Limited Vs. Kumar's Metallurgical Corporation Limi ...

Court : Andhra Pradesh

Decided on : Jan-23-2008

Reported in : [2008]142CompCas952(AP); (2008)3CompLJ220(AP); [2008]85SCL251(AP)

..... purpose of securitization;2(v) 'reconstruction company' means a company formed and registered under the companies act, 1956 (1 of 1956) for the purpose of asset reconstruction;2(zd) 'secured creditor' means any bank or financial institution or any consortium or group of banks or financial institutions and includes-(i) debenture trustee appointed by any bank or financial ..... institution; or(ii) securitization company or reconstruction company, whether acting as such or managing a trust set up by such securitization company or reconstruction company ..... - (3) where the management (1) where the management of an of the business of a borrower, being industrial concern, being a companya company as defined in the companies as defined in the companies act,act, 1956 (1 of 1956), is taken over 1956, is taken over by the financialby the secured creditor, then, notwi- corporation, then, notwithstandingthstanding ..... statutory taxes to a tune of rs. 1,35,30,048/-. the respondent also failed to comply with the provisions of companies act and therefore, registrar of companies filed complaints under section 168 of companies act before the court of special judge for economic offences. in these cases, being c.c. nos. 55 to 63 of 2004 .....

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Jan 28 2008 (HC)

G. Siva Ramakrishna and anr. Vs. Rusni Distilleries P. Ltd.

Court : Andhra Pradesh

Decided on : Jan-28-2008

Reported in : [2008]143CompCas289(AP); (2008)3CompLJ231(AP); [2008]8SCL231(AP)

..... have been held by the courts to be creditors. a person who has become bound by a scheme sanctioned under sections 391 - 395 of the companies act has been held as incompetent to file a ..... company to future date (see 'guide to the companies act' by a. ramaiya, sixteenth edition, 1998, part ii). a person who has a pecuniary claim against the company, central government, state government, municipal authority to whom tax is due, a receiver of the creditors' properties, a guarantor of the company's debt and a holder of bearer debenture ..... to learned counsel for the respondent, an ascertained and undisputed debt is only criterion for exercising jurisdiction under section 433(e) of the companies act. the law is well-settled that a winding up petition is not a ground to enforce payment of a disputed debt when the respondent ..... are entitled to present a petition for winding up. sub-sections (1), (2), (3), (4) and (8) of section 439 of the companies act, 1956, are relevant for the purpose of this case. they read as under:439. provisions as to applications for winding up.-(1) an application to ..... in the balance-sheet. the petitioners are trying to mislead the court by calling themselves as unsecured creditors by invoking section 433 of the companies act, 1956. the contention that the petitioners gave unsecured loans is belied by their own documents including the letter addressed by them to syndicate .....

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