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1934 (6) TMI 21

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..... -- This is an application by the petitioners as liquidators of the Burma Loan Bank, Limited, for an order directing the respondent to attend before this Court for the purpose of being publicly examined as to the conduct of the business of the Bank and as to his own conduct and dealings as a director of the Bank. In the petition the respondent is described as the ex-managing-director of the Burma .....

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..... depositors with effect from Monday, 6th November, 1933." On the 6th November the following notice was issued to the shareholders: "There will be an extraordinary general meeting of the shareholders of the Bank at the Bank's office at 3 p.m. on Tuesday 21st November, 1933, to consider the question of voluntarily winding-up the business of the Bank and to appoint one or more liquidators, to conduc .....

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..... s Office at 2 p. M on Saturday, 16th December, 1933, to consider the matters left unfinished at the extraordinary general meeting held on Tuesday, 21st November 1933. On that occasion 10 shareholders assembled and passed the following resolution: "That the business of the Bank be wound up voluntarily with Mr. J.C. De, M.A., B.L., Advocate, and Mr. J.C. Ghosh, B.L., Advocate, as joint liquidators .....

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..... to wind up." Mr. Doctor on behalf of the petitioners contends that this company is in voluntary liquidation as a result of an extraordinary resolution passed in accordance with Section 203(3) of the Act. Section 81(1) states: "A resolution shall be an extraordinary resolution when it has been passed by a majority of not less than three-fourths of such members entitled to vote as are present in p .....

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