TMI BlogPowers of TribunalX X X X Extracts X X X X X X X X Extracts X X X X ..... st or in a manner prejudicial to the interests of the company; and (b) that to wind up the company would unfairly prejudice such member or members, but that otherwise the facts would justify the making of a winding up order on the ground that it was just and equitable that the company should be wound up, the Tribunal may, with a view to bringing to an end the matters complained of, make such order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ances of the case; (f) the termination, setting aside or modification of any agreement between the company and any person other than those referred to in clause (e): Provided that no such agreement shall be terminated, set aside or modified except after due notice and after obtaining the consent of the party concerned; (g) the setting aside of any transfer, delivery of goods, payment, execution or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under clause (h); (k) appointment of such number of persons as directors, who may be required by the Tribunal to report to the Tribunal on such matters as the Tribunal may direct; (l) imposition of costs as may be deemed fit by the Tribunal; (m) any other matter for which, in the opinion of the Tribunal, it is just and equitable that provision should be made. (3) A certified copy of the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the memorandum or articles of a company, then, notwithstanding any other provision of this Act, the company shall not have power, except to the extent, if any, permitted in the order, to make, without the leave of the Tribunal, any alteration whatsoever which is inconsistent with the order, either in the memorandum or in the articles. (6) Subject to the provisions of sub-section (1), the alterati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... **** ] with fine which shall not be less than twenty-five thousand rupees but which may extend to 3 [ one lakh rupees ] . ******** Notes 1. Inserted vide COMPANIES (AMENDMENT) ACT, 2019 w.e.f. 15-08-2019 2. Omitted vide THE COMPANIES (AMENDMENT) ACT, 2020 dated 28-09-2020 before it was read as with imprisonment for a term which may extend to six months or 3. Substituted vide THE COMPANIES (AMENDME ..... X X X X Extracts X X X X X X X X Extracts X X X X
|