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TMI Blog2018 (4) TMI 1943X X X X Extracts X X X X X X X X Extracts X X X X ..... HS Earth Pvt. Ltd. against the respondents with the following prayers: "A. To restrain Respondents and/or their nominees from in any manner deleting/amending or NOT giving effect to Clauses (b) & (c) of Article 1V-Appendix A of the Articles of Association; B. To restrain passing of any resolution whatsoever in any manner deleting/amending or NOT giving effect to Clauses (b) & (c) of Article [V-Appendix A of the Articles of Association; C. To set aside and declare null and void item No. 4 in Notice dated 29% August, 2017 of 61st Annual General Meeting. D. To set aside and declare null and void item No. 15 of the minutes of Meeting dated 25 July, 2017; E. Pass such other/further order/directions, which this Hon'ble Board may deem fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... main stayed. Reply, if any be filed by the respondent within four weeks with a copy in advance to the counsel for the Petitioner. Rejoinder if any be filed within two weeks thereafter with a copy in advance to the counsel for opposite. List on 29th November 20177". Thereafter, a short affidavit was filed by the respondent stating that Agenda item no. 4 was not taken up in the meeting dated 23.09.2017 in compliance with the directions issued by this Bench in its order dated 22.09.2017 and time was sought to file a detailed reply. For completing pleadings, time was granted and the matter was posted for 17.01.2018. Thereafter, some interpreting orders were passed on 17.01.2018 and 13.02.2018. CA No. 242(PB)/2018 was filed in which notice w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n relation to the provisions of maximum period/tenure of office bearers and Executive Committee of FHRAT'. "RESOLVED FURTHER THAT Mr. Garish Oberoi, President and Mr. Rahul Lall, Secretary General be and is hereby authorized to place this resolution on record of the Hon'ble National Company Law Tribunal in Company Petition no. 273(ND) of 2017 and to do all such acts, deeds and things as may be required and considered necessary thereto". Mr. Abhishek Singh, learned Counsel for the petitioner has fairly stated that in view of the Resolution passed on 17.04.2018 prayer made by the petitioner have become infructuous yet he has argued that the cost of litigation be awarded in favour of the petitioner which shall be payable personally by respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les of Association, then appropriate application be placed before R-1 by the petitioner or by respondent nos. 9,11,16,17, 18 and 20 and R-1 shall consider the aforesaid representation in accordance with the provisions of Articles of Association, specially Article 80 and pass appropriate order in accordance with law. We do not wish to proceed with the notice seeking explanation of respondent nos. 2,3, 5,7, 10 and 12 under Section 425 of the Companies Act but feel contended to observe that all the aforesaid respondents shall remain careful in future to conduct the affairs of the company. They should not give further chance to any Forum to go to the extent of issuing contempt notices to them. With the aforesaid observations, we close the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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