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TMI Blog2002 (8) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... 169 of the Companies Act ( the Act ), requiring certain issues, which are listed in para 27. The same is reproduced as under : ( i )Issue pertaining to the BG/EMC refunds pending since several years be settled immediately : "Resolved that the outstanding BG/EMC cases pending with the AEPC and the Textile Ministry be cleared within one month. The BG/EMC collected is in violation of the Garment Export Entitlement Policy and the same must be refunded in full to the garment exporter failing which an alternative scheme on the lines of Samadhan be prepared wherein 100 per cent relief may be given where the performance is 50 per cent and where the performance is below 50 per cent a pro rata relief too be given." 2. Issues pertaining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in not listing these items in the agenda of the extraordinary general meeting scheduled for August 29, 2002, was arbitrary and illegal. When this petition had first come up for admission before the Bench on August 20, 2002, learned counsel for the parties were required to address the court on whether the petitioner could not avail of the alternative efficacious remedy under section 186 of the Companies Act. I have heard learned counsel for the parties. Mr. A. Maitri, counsel for the petitioner, submits that section 186 of the Companies Act would not operate as a bar firstly because the petitioners being requisitionists under section 169, they would not be covered under the provisions of section 186 of the Companies Act. Secondly he submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for sending the same to the Ministry of Textiles for an early disposal of the pending refund cases of bank guarantee and EMD. Counsel states that AEPC shall vigorously pursue the same on the administrative side. As regards issue No. 2, relating to registration of membership, this falls within the domain of AEPC. He submits that this item has already been included in the agenda of extraordinary general meeting. Issue No. 3 relating to the quota transfer fee, has been accepted and the said quota fee stands withdrawn. As regards issue Nos. 4 and 5, he submits that these fall strictly within the domain of the Central Government, which has formulated the garment policy under the Import Export Regulations. He submits that AEPC would not have the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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