9911796707
TMI Blog2018 (2) TMI 1328X X X X Extracts X X X X X X X X Extracts X X X X ..... proposed to be held on 7th October, 2017 be declared invalid, non-est and the same be set aside with direction to the respondents to refrain from holding the said EGM. (ii) Pending the hearing and final disposal of the present application, interim order directing stay on holding EGM to be held on 7th October, 2017 be passed. (iii) Such other/further order(s) be passed in the interest of justice. 02. On receipt of copy of the application, respondents filed their reply dated 5th October, 2017 denying the averments made in the application made by the petitioners. 03. Petitioners submitted that notice of the purposed EGM is not in accordance with law. Provisions of Section 102(1)(a) of the Companies Act, 2013 are grossly violated. Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice of the proposed EGM and the corrigendum thereto, were served upon the applicants on 14th September, 2017 and 15th September, 2017 respectively. The proposed EGM is fixed for 7th October, 2017. The applicants have moved this application just two working days before the scheduled EGM so as to provide no reasonable time and opportunity to the respondents to deal with and respond to the present application. 06. Respondents further submitted that, they have filed one application before this Hon'ble Bench under Section 8 of the Arbitration and Conciliation Act, 1996 on 14th September, 2017 challenging the maintainability of the main Company Petition. The application so filed by the respondents is yet to be decided and the matter is fixed f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .07.2011 by Hon'ble High Court of Madras in N. Ram (surpa) (5) Decision taken by National Company Law Tribunal, Ahmedabad Bench in TP 117 of 2016 10. There is no dispute with regard to the cases cited by the parties, however, each case has its own merit. 11. Heard counsels appearing for both the sides, perused the petition and reply as well as documents annexed therein. On perusal of the records it is found that one application under Section 8 of the Arbitration and Reconciliation Act, 1996 is pending and fixed for hearing on 09th October, 2017 which is with regard to the maintainability of the main Company Petition No. 172 of 2017. Further, since the applicant has already received notice of the EGM, he/they is/are at liberty to attend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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