9911796707
TMI Blog2018 (4) TMI 1812X X X X Extracts X X X X X X X X Extracts X X X X ..... d the petition is pending for consideration before the Tribunal. The Tribunal has not deliberated on the issues on merit including the question as to which member is eligible or ineligible to take part in the AGM of The Madras Race Club (1st Respondent). Without deliberating on the issue aforesaid, based on the report submitted by an Hon ble Retired Judge of the Madras High Court the impugned order has been passed without notice to the parties who will be affected - No objection was called by the Tribunal for by the Tribunal against the report of retired Hon ble Judge about ineligibility of one or other person/member. It is a settled law that the Court or the Tribunal cannot pass an interim order, which amounts to grant of final relief with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 97 of the Companies Act, 2013, for consideration of financial statements, appointment of members of the Committee of Management, appointment of statutory auditors and other matters as required in terms of the Act and the Articles of Association of MRC; and 5.2 That any other ancillary or consequential directions be made as the Hon'ble Tribunal may deem fit and appropriate in the facts and circumstances of the case." 2. In the said petition no interim relief was sought for by the petitioner (2nd Respondent). However, when the matter was taken up on 29th August, 2017, the Tribunal after taking into consideration the affidavit filed by the 1st respondent with regard to the individual notices sent to 640 persons whose names appeared aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e membership whose names could find place in the register of members for the purpose of giving notice for AGM. This exercise shall be undertaken within four weeks subject to the convenience of the Retired Hon'ble Justice Mr. K.P. Sivasubramaniam. Counsel for Respondent is directed to obtain a copy of this order and send it to the Retired Hon'ble Justice Mr. K.P. Sivasubramaniam for carrying out the assignment mentioned in the order. The fees of the Hon'ble Justice (Retd.) has to be decided mutually on agreed terms and the Club shall pay the same. The report shall be submitted within six weeks i.e. on or before 17.10.2017. Put up on 17.10.2017 at 10.30 A.M." 3. The Madras Race Club (1st Respondent), thereafter filed a memo, enclosing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Club. The Chairman and the Independent Observer shall file the reports after one week of the AGM to this Bench. The Respondents are directed to follow the procedure prescribed under Articles of Association in its letter and spirit. The remuneration of the Chairman and Independent Observer will be decided as per the mutually agreed terms, which shall be paid by the Club." 4. We have heard the learned counsel appearing on behalf of the appellants and respondents. Parties have not disputed that the company petition has been filed with the prayer to direct the 1st Respondent to hold the Annual General Meeting for the Financial Year 2015-16 and the petition is pending for consideration before the Tribunal. The Tribunal has not deliberate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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