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2019 (1) TMI 1915

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..... been selected and there is some delay in commencement of sitting. It is stated that the NCLT, Chennai Bench is hearing urgent matters and in case a direction is issued, the Chennai Bench will consider the instant case as well. Since what is agitated is admittedly a matter which is to be considered by NCLT, Kochi Bench and in view of the fact that the NCLT Chennai Bench is considering matters arising from Kerala as well, the parties are to approach the NCLT, Chennai Bench for appropriate reliefs - Petition disposed off. - WP(C).No. 39146 of 2018 - - - Dated:- 11-1-2019 - THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FOR THE APPELLANT : BY ADVS. SRI.G.HARIKUMAR (GOPINATHAN NAIR), SHRI.AKHIL SURESH REJI K.JOSEPH, REJI ABRAHAM, JOSEPH Z .....

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..... on the petitioners, four in number, who are in the minority. It is stated that the majority Directors are acting to the detriment of the interest of the company and their actions fall within the realm of oppression and mismanagement as defined under the Companies Act 1956 as well as the Companies Act, 2013. The petitioners, therefore, assail the offending decisions taken in the meetings of the Director Board. They also seek that further meetings may be deferred until the matter is heard and decided. 4. Detailed counter affidavits have been placed on record by the 2nd respondent as well as respondents 3 to 7. It is contended therein that the company is a private limited company and that the writ petition filed challenging the resolution .....

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..... ch is to be considered by NCLT, Kochi Bench and in view of the fact that the NCLT Chennai Bench is considering matters arising from Kerala as well, I am of the opinion that the parties are to approach the NCLT, Chennai Bench for appropriate reliefs. In case, the petitioners approach the NCLT, Chennai Bench with an appropriate petition, the matter shall be considered with notice to the company as well as the contesting respondents by the NCLT, Chennai Bench without delay. To enable the petitioners to approach NCLT, Chennai Bench and seek appropriate reliefs and interim measures, further proceedings pursuant to Exhibit P7 and the convening of any further Director Board meeting and implementation of resolutions taken therein shall be kept in a .....

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