Very very important order of bombay high court on mca rules!

Co Act 2013 2084 views 4 replies

P C Agrawal

Registered independent director Past Ch

8229 Points Posted on 12 May 2014

Friends,

https://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvanVkZ2VtZW50cy8yMDE0LyZmbmFtZT1PU0NTRDQ0NzE0LnBkZiZzbWZsYWc9Tg==

Bombay high court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has passed a judgment on postal ballot and e-voting. Court has observed that postal ballot and e-voting is an additional facility and cannot have the effect of dispensing the general meeting at all. Further, the court stated that gazetted copy of many MCA rules are not available... hence in the opinion of the court they are not binding so far or at least from 1st April 2014...

The order says: "..till such time as these rules are gazette, or there is some provision made for the dispensation of official gazette notification, none of the rules in the Ministry of Corporate Affairs PDF document that are not yet gazette can be said to be in force."

Attached File : 9367 1316305 bombay high court order on ca 2013.pdf downloaded: 554 times

Replies (4)

Pawan Mittal

CA Final

711 Points Posted on 13 May 2014

Respected sir,

Thank u so much

Vandana J Doshi

Practising Company Secretary

12562 Points Posted on 13 May 2014

thank you for the info

P C Agrawal

Registered independent director Past Ch

8229 Points Posted on 13 May 2014

It seems Rules under Chapters III, IV, V, VII, XI, XXII and XXIX have not yet been notified in Gazette. It is very peculiar situation indeed. Act has been made effective but the relevant Rules are not in place as per High Court order. Now which Rules are to be followed and which e-forms are to be filed? MCA has really made mockery of the entire legal system.

P C Agrawal

Registered independent director Past Ch

8229 Points Posted on 13 May 2014

MCA has now added some more rules in e-gazette. Now Rules under Chapters XI, XXII, XXIV, XXVII and XXIX could not be found there Let us hope the same are also added soon in back date.