2010 (7) TMI 825

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..... yees ; for keeping the records available for all the members in future ; for postponement of the annual general meeting of the company for the year 2009-10 which is scheduled to be held on July 23, 2010, to such date which covers 21 days' notice period and reasonable period for study of report by the petitioner shareholder; for awarding exemplary costs to be paid by the respondent-company ; and for such other orders that this Bench may deem fit and proper to render justice. In the interim reliefs, same prayers are sought for. 2. The case of the petitioner herein is that he received a notice by post on July 19, 2007, from the respondent-company about holding of annual general meeting (AGM) which is scheduled to be held on July 23, 2010, wi .....

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..... ompany and left letters at the counter without insisting upon any inspection, thereby the respondent-company received those letters with the endorsement "Contents Not Verified". Though the petitioner received the notice in the month of June, 2010 itself, he neither approached the respondent-company for inspection nor the Company Law Board for any reliefs immediately after receipt of the notice. He purposely made these requisitions so as to cause inconvenience to the respondent-company. Learned counsel also submitted that the petitioner filed complaints before various courts and the Company Law Board, causing inconvenience to most of the listed companies and in support of it, he cited-(i) Philips Carbon Black Ltd. v. Anil Kumar Poddar [G.A. .....

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..... s "Contents Not Verified", but it was not shown that he was refused inspection of documents that are required under law. The petitioner, on the very next day, moved this petition for postponement of the annual general meeting to be held on July 23, 2010, on the ground that he was refused inspection of documents, but not filed any document disclosing inspection of documents was refused to the petitioner. Since there being no document disclosing refusal from the company, it cannot be construed as the petitioner was not given opportunity to take inspection of documents as mentioned under sections 212(8), 217(2A) and 219(1)(b)( iv) of the Companies Act, 1956. 5. As to the postponement of the annual general meeting for the year 2009-10 which i .....

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