Abu Taber and others. -Versus- Newtex Group of Companies and others.

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Case information

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Official index description (excerpt)

Source: Supreme Court official index.

This court is of the considered view that – i) A composite application under section 43 of the Companies Act, 1994 is not rendered incompetent merely because it concerns the registers of different companies and the impugned transfers are evidenced by separate instruments, where the claims arise from a connected series of transactions and involve common questions of law or fact founded upon the same underlying transaction or event. While the relief under section 43 must be separately directed to the register of each company, the connected claims may, in appropriate circumstances, be adjudicated in one proceeding where separate proceedings would substantially involve the same evidence and foundational issues or risk inconsistent findings. ii) Section 43 of the Companies Act, 1994 confers a wide jurisdiction upon the Court to rectify the register and, where necessary, to determine the title of a party to the proceeding; however, the jurisdiction is directed towards determining whether rectification is justified and does not require the Court to finally adjudicate every complex dispute

[Excerpt ends; the complete index description is retained in the catalogue JSON.]

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