2005 (2) TMI 533

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... JUDGMENT 1. Heard the learned counsel for the plaintiff and defendant Nos. 1, 2 and 3 who appears on private notice. 2. In view of the decision of the Division Bench of this Court in CDT Financial Services (Mauritius) Ltd. v. BPL Communications Ltd. [2004] 56 SCL 665 , the learned counsel for the defendant does not object to the jurisdiction of this Court to entertain and try this .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rector has not voted in favour of the resolution and, therefore, further issuance of share capital by the plaintiff is contrary to article 50 of the Articles of Association. 4. In the alternative, the plaintiff submits assuming that a resolution for further issuance of a capital has been validly passed, that the resolution has not been followed and shares are issued contrary to the conditions .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ay that in any event, plaintiff was also informed of the further issue of additional share capital of the defendant No. 1 company." The plaintiff resides outside India. The letter containing alleged offer of shares to the plaintiff was not sent to the defendant by registered post or even under a certificate of posting. The learned counsel for the defendants states that the letter was sent by ord .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X