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TMI Blog2018 (2) TMI 1328X X X X Extracts X X X X X X X X Extracts X X X X ..... ty that can be recorded and can be raised before the bench by the applicants as and when required for redressal of their grievances since the company petition is pending. - IA 290/2017 in C.P. No. 172/241-242/NCLT/AHM/2017 - - - Dated:- 5-10-2017 - MS. MANORAMA KUMARI For The Petitioner : Rasesh Parikh, Ld. Adv., Hitesh Buch, Ld. PCS and Ms. Bhoomi Brahmakshatriya, Ld. Adv. For The Respondent : Bijal Chhatrapati, Ld. Adv. ORDER 01. The instant application dated 4th October, 2017 is filed by petitioner/applicant under Rule 32 of NCLT Rules, 2016 seeking cancellation of Extra Ordinary General Meeting (EGM) proposed to be held on 7th October, 2017 with following prayer: - (i) The notice of EGM proposed to be held on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter and take appropriate decision. The petitioners further submitted that, they have sought inspection of various registers and documents vide letter dated 20th September, 2017 but respondent No. 1, vide letter dated 26th September, 2017 refused inspection on some flimsy grounds, while casting accusations on applicant No. 1 that applicant No. 1 has taken away records and documents of the first respondent company. The said allegation, however, has been refuted by the applicants. 04. Petitioners submitted that by holding EGM, respondents is trying to ratify the meetings which were held from the year 2015 till date and thereby trying to create evidence on record. 05. On the other hand, respondents submitted that the notice of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raint from the parties after they are apprised of respective case and the materials, inviting attention of the court on application for interim relief to desist from indulging into any such activities which results into proceedings getting infructuous and erodes the confidence of the people in the basic efficacy of the institution of Court as an effective tool of administration of justice. 09. On the other hand, learned advocate appearing for the respondents cited the following decisions: - (1) HP Corpn Ltd. v. Pinkcity Midway Petroleums 2003 LawSuit (SC) 637 (2) N. Thirumurthy v. Sree Pavithra Steels (P.) Ltd. [2013] 40 taxmann.com 3 (CLB - Chennai) (3) N. Ram v. N. Ravi[2012] 22 taxmann.com 291 (Mad.) (4) Decision taken o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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