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TMI Blog2017 (7) TMI 1413X X X X Extracts X X X X X X X X Extracts X X X X ..... ) alone is empowered to deal matters relating to oppression. Likewise Section 100 of the Act, which was notified and brought into effect on 12.09.2013 lays down the procedure to be adopted to call for EGM by the Board. In case of any breach or violation, by virtue of the supervisory power conferred under Section 98 of the Act, the Tribunal either suo motu or on application can call for meeting of members. Member aggrieved by the decision of the EGM or the manner it was convened can challenge it before the Tribunal under Section 242 of the Act. Such power is exclusively conferred to Tribunal under Section 98 and 242 of the Act. In this case, the plaintiff company right to seek redressal is very well taken care by the statute under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neer Group (33% shares) 3. Chelladurai Nadar of Bell group (33% shares) Each family represented through three Directors each. During 2011, two Directors namely, Mr. C. Subhasingh and Mr. C. Rajasingh representing Bell Group of Companies started functioning disadvantage to the plaintiff company affecting the business of the plaintiff company, so they were not elected after 2013. In that place, the Bell Groups of Company is now represented by Mr. C. Vijayasingh and Mr. C. Rajendrasingh. 3. From the branch of Yennarkay R.Rajarthnam family, which constitutes three matches compaznies namely, M/s Rajarathnam Matches Private Limited, M/s Yennarkay R.Selvarathnam Private Limited and M/s Chiranjeevirathnam Matches Private Limited each hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09.2016 and 08.10.2016 for conducting EGM of M/s Standard Fireworks (P) Ltd., to fulfill his malafide intention . 7. On receipt of the suit notice, the defendants have filed I.A. No. 1080 of 2016 under Order VII, Rule 11 of C.P.C., to reject the plaint on the ground that Civil Court jurisdiction is ousted by virtue of Section 430 of Companies Act, 2013(in short the Act ). The Trial Court, has dismissed the I.A.No.1080 of 2016 for the following reason: On a bare perusal of this provision, it is clear that sec.430 of Companies Act, does not completely bar the jurisdiction of civil courts in respect of matters relating to companies. It is further made clear that the jurisdiction of civil courts in respect of matters relating to compani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Member aggrieved by the decision of the EGM or the manner it was convened can challenge it before the Tribunal under Section 242 of the Act. Such power is exclusively conferred to Tribunal under Section 98 and 242 of the Act. In this case, the plaintiff company right to seek redressal is very well taken care by the statute under Section 242 of the Act. 10. Since this Court has dealt with the facts, law and submissions of respective counsels in detail in the connected C.R.P.No.8709 of 2017, it is suffice to cite the Hon'ble Supreme Court in Church of North India v. Lavajibhai Ratanjibhai and others reported in AIR 2005 SCC 2544 at paras 40 and 41 has held : 40. The question as regard ouster of a jurisdiction of a Civil Court must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all for any other meeting other than AGM which includes EGM either suo motu or an application of any Director or members of the Company, who would be entitled to vote at the meeting. Section 100 of the Act prescribed the procedure how EGM should be conducted by the Board and under Section 100 (4) of the Act, if the Board fails to convene EGM within 21 days from the date of receipt of valid requisition in regard to any matter, the requisitonists themselves can convene EGM within 3 months from the date of requisition. If there is any resolution passed in such EGM removing the Managing Director, Manager or any of the Directors of the Company which shall be prejudicial or oppression to any member or members or to public interest or in a manner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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