in case of capital reduction, prior approval of court is necessary in certain cases but my question I court means which court? jurisdictional court high court supreme court
and if company or creditor doesn't satisfy with the decision then can they go at superior court???
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Quick Summary
This discussion clarifies the court approval process for capital reduction. It explores which courts, such as the High Court or Supreme Court, have jurisdiction. The conversation also touches upon the National Company Law Tribunal (NCLT) and the possibility of appealing decisions to superior courts.
Check out the concepts of hard and soft capital rationing as they could be the reasons for capital reduction. Or, the high court’s have the authority and supreme courts as well when related to share capital reduction. I’m not sure about district jurisdiction.
Ideally, in such cases, the NCLT should permit the capital reduction since it is a company and shareholder matter (and is approved by a special resolution) and particularly in light of the wide ambit of section 66 of the Companies Act, 2013