9911796707
TMI Blog2020 (10) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... ame day at 4.00 PM. The Appellant contends that he has received notice of only one Board Meeting scheduled to be held 12 Noon on 20th January, 2020. However, service of notice of a second board meeting is disputed, which can be decided finally along with the petition. Meanwhile we think it proper to stay the operation on the Resolution passed in the alleged Board Meeting held at 4 PM on 20th January, 2020. We further expect that hencefortgh the Company and its Director will communicate with each other with e-mail in addition to communication by normal channel made by the Company. This will end the controversy regarding service of notice. We also direct that till the decision of this case account of the Respondent Company will be operated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and each group individually holds 24.99% shares. The appellants (original petitioners). The appellants and 2nd and 3rd Respondents are director of the company. 3. The appellants filed an unnumbered application under Section 241 and 242 of the Companies Act, 2013 alleging that the 1st respondent company s affairs have been conducted by the 2nd to 5th Respondent in a manner oppressive to the appellants and in a manner prejudicial to the interest of the 1st respondent company and pressed for an early hearing of the application seeking the following relief: i) Injunction restraining the respondents and each of them and/or their group and/or their men or agents and/or servants from giving any effect or further effect to the Resolution d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was ever held on 20th January, 2020 either at 12 noon or at 4 PM as no notice of the Board Meeting held at 4 PM was ever served upon the Appellants, who are the Directors of the Company. b) that the appellants are making a story that two notices both dated 7th January, 2020 were sent together to the appellants for holding of Board Meetings at 12 Noon and 4 PM respectively. c) that two directors (one director and one Addl. Director) were illegally appointed in the 1st Respondent company on 20th January, 2020 as the appointment of director cannot be by way of Board Meeting by way of a General Meeting. Further the Articles of the Association of the company do not provide for appointment of Additional Director by way of Board Meeting. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re sent. The appellants have deliberately suppressed the fact that he has received only one notice for the Board Meeting scheduled to be held at 12 Noon. Learned counsel for the Respondent further submitted that the appellants have attended the Board Meeting at 4 PM and duly approved the resolution and the resolutions were passed unanimously with the consent of appellant and the appellants have signed the minutes of the Board Meeting. b) that the appellants signed the minutes of the Board Meeting dated 20.01.2020 at 4 PM for appointment of Additional Directors and change in bank account operations and the appellants also signed the KYC documents being the signature card for change of bank account operations. c) that the allegations of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement made in the appeal. 10. We have heard the parties and perused the record. We have heard the parties and perused the record. We note that the relief sought in the main petition was also sought in the interim relief. As the Company Petition is still pending, therefore, we are not passing any order on the same. 11. However, the main issue raised by the appellant that he has not received notice for Board Meeting to be held on 20th January, 2020 at 4 PM and in the said meeting two directors have been appointed. Whereas the Respondent has argued that two notices were sent to the appellant in one envelop, one for meeting at 12 Noon and the other for meeting at 4 PM. The appellant argued that he has received only one notice and that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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