9911796707
TMI Blog1976 (2) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... lder of a public limited company called K.C.P. Ltd. He has approached this court for the issue of a writ of mandamus directing the Registrar of Companies, the first respondent herein, not to give effect to the resolution passed on January 29, 1976, in the 34th annual general meeting of the company but to take action under sections 234 and 234A of the Indian Companies Act of 1956. The circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciation and also for an interim injunction restraining the company from holding the meeting on January 28, 1976. The said court had granted an ad interim injunction on January 27, 1976. It is said that the said order of injunction was communicated to the company and its directors by telegram. Subsequently, the said ad interim injunction was vacated by the said court at the instance of the company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner before this court it is not possible to say that on January 28, 1976, the meeting could not have been adjourned to January 29, 1976, as that will depend upon the time when the ad interim injunction was vacated by the civil court and when the meeting was adjourned to the next day. The petitioner's contention that the meeting held on January 29, 1976, is not valid cannot be gone into in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y challenges the validity of the meeting then it is possible for the petitioner or any person interested to approach the first respondent to modify the entries in his record. But when the resolution passed in the annual general meeting has not been held to be invalid by any court so far, no mandamus can issue to the first respondent not to perform his statutory duties. This writ petition, theref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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