NCLT Mumbai Allows First Motion For Merger Of Siemens Rail Automation With Siemens Limited

The National Company Law Tribunal (NCLT) at Mumbai on 7 September allowed the first motion application seeking directions for the proposed merger of Siemens Rail Automation Private Limited with Siemens Limited under Sections 230 to 232 of the Companies Act, 2013. A Bench comprising Judicial Member K.R. Saji Kumar and Technical Member Anil Raj Chellan allowed the application and directed the companies to issue statutory notices to the concerned regulatory authorities and stakeholders. The...

Company Can Be Prosecuted For Criminal Offences Without Identifying Guilty Natural Person: Supreme Court

The Supreme Court on Monday held that identification of a natural person is not a prerequisite, at the threshold stage, for prosecuting a corporate entity for an offence involving mens rea.A Division Bench comprising Justices J.B. Pardiwala and Manoj Misra made the observation while dismissing an appeal filed by Sanofi India Limited against the Karnataka High Court's refusal to quash criminal proceedings arising from a CBI chargesheet.“All that is required, at this stage, is that an offence be...

NCLT Guwahati Dismisses Department's Sapphire Suppliers Restoration Plea, Says NCLAT Appeal Pending

The National Company Law Tribunal (NCLT) at Guwahati has dismissed the Income Tax Department's petition seeking restoration of Sapphire Suppliers Private Limited, holding that the issue was already pending before the National Company Law Appellate Tribunal (NCLAT) and that proceeding with the petition could lead to conflicting decisions and multiplicity of proceedings. A Bench of Judicial Member Rammurti Kushawaha and Technical Member Yogendra Kumar Singh held that the petition should not be...

Companies Act Sec. 131 Doesn't Bar 3rd Party Impleadment Under NCLT's Inherent Powers: NCLT Bengaluru

The National Company Law Tribunal (NCLT) at Bengaluru has held that the absence of an express provision for impleading third parties under Section 131 of the Companies Act, 2013 does not curtail its inherent powers under Rule 11 of the NCLT Rules, 2016 to permit the participation of persons necessary for effective adjudication. Section 131 permits a company to revise its financial statements or Board's report when they do not comply with the provisions of the Act.A Bench of Judicial Member Sunil...

Notices To ED, CBI For Investigating Company Affairs Can Be Issued Only After Hearing Parties: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Delhi has ruled that an investigation into a company's affairs cannot be initiated merely because an application has been filed. The tribunal must first satisfy itself that the circumstances required under Section 213(b) of the Companies Act exist. It must also give the affected parties a reasonable opportunity to hear.Judicial Member Justice Sharad Kumar Sharma and Technical Members Arun Baroka and Indevar Pandey were dealing with two...

NCLT Chennai Directs Meetings For California Burrito Merger With Burrito Restaurants

The National Company Law Tribunal (NCLT) at Chennai recently allowed an application in connection with the proposed amalgamation of California Burrito, a Singapore-incorporated Mexican food chain, with Burrito Restaurants Private Limited. It directed Burrito Restaurants to convene separate meetings of its equity shareholders, preference shareholders and unsecured creditors to consider the scheme.A bench comprising Judicial Member Sanjiv Jain and Technical Member Venkataraman Subramaniam passed...

NCLT Mumbai Allows First Motion For Amalgamation Of Tata Motors' Wholly Owned Subsidiaries With It

The National Company Law Tribunal at Mumbai has allowed the first motion application for the proposed amalgamation of Tata Motors Limited's direct and indirect wholly owned subsidiaries, TMF Holdings Limited and TMF Business Services Limited, with Tata Motors. Judicial Member K.R. Saji Kumar and Technical Member Anil Raj Chellan ruled that meetings of Tata Motors' shareholders and creditors need not be held to consider the scheme. The bench, however, directed Tata Motors to notify them and give...

NCLT Ahmedabad Sanctions Essar Scheme, Approves Brand Demerger And ₹875 Crore CCPS Restructuring

The Ahmedabad Bench of the National Company Law Tribunal (NCLT) on 31 August sanctioned a composite scheme of arrangement providing for the demerger of the brand undertaking of Abhinand Ventures Pvt. Ltd. (AVPL) into Essar Power Ltd. (EPOL), along with restructuring of EPOL's 0.01% Compulsory Convertible Cumulative Preference Shares (CCPS). A Bench comprising Judicial Member Shammi Khan and Technical Member Sanjeev Sharma sanctioned the Scheme after finding that it complied with the statutory...

NCLT Indore Admits Second Motion In Composite Scheme Of HEG Demerger and Bhilwara Energy Merger

The Indore Bench of the National Company Law Tribunal (NCLT) has sanctioned a composite scheme of arrangement involving HEG Ltd, HEG Graphite Ltd and Bhilwara Energy Ltd under Sections 230 to 232 of the Companies Act, 2013. A Bench of Judicial Member Brajendra Mani Tripathi and Technical Member Man Mohan Gupta sanctioned the scheme, which provides for the demerger of HEG Ltd's graphite business into HEG Graphite Ltd and the amalgamation of Bhilwara Energy Ltd into HEG Ltd. It held: “…the...

LiveLawBiz Company Law Monthly Digest: August 2026

SUPREME COURTSupreme Court Dismisses NSEL Plea For Joint Trial In Two CBI Cases Over 2013 Payment CrisisThe Supreme Court on Wednesday dismissed National Spot Exchange Ltd.'s (NSEL) challenge to the Bombay High Court's March 27, 2026 judgment. The Bombay High Court had refused to direct a joint trial in two CBI cases arising from the alleged 2013 NSEL payment crisis.Case Title : National Spot Exchange Limited vs The Central Bureau of Investigation Bank Securities and Fraud Cell Case Number : ...

Official Liquidator Gets 3 Years From Winding Up Order To File Claim: Kerala High Court

The Kerala High Court on 31 August held that a claim instituted by an Official Liquidator under Section 446 of the Companies Act, 1956, in respect of a legally enforceable claim is governed by the three year limitation period under Article 137 of the Limitation Act, 1963, reckoned from the date of the winding up order, with the benefit of the additional one year period under Section 458A of the Companies Act. Justice Harisankar V Menon rejected the respondent, Miny Zachariah's objection that...

NCLAT New Delhi Holds SFIO Can File Disgorgement Plea As Union Government's Authorised Representative

The National Company Law Appellate Tribunal (NCLAT) at New Delhi on 25 August affirmed that the Serious Fraud Investigation Office (SFIO) was validly authorised to file disgorgement proceedings before the NCLT on behalf of the Union of India under Section 212(14A) of the Companies Act, 2013. A Bench comprising Officiating Chairperson Justice Yogesh Khanna with Technical Members Ajai Das Mehrotra and Barun Mitra dismissed appeals by BSR & Associates LLP and N. Sampath Ganesh, observing that...