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1924 (11) TMI 5

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..... uit in the Court of the Subordinate Judge for a declaration that certain persons were no longer directors of the Company. In the course of the suit an application was made for the appointment of a Receiver to carry on the business of the Company and an order was made appointing a Receiver who thereupon took charge of the business of the Company. Then ultimately the suit was decreed and a declaration was made to the effect that the defendants had ceased to be directors of the Company. On the 16th April 1924, the Subordinate Judge directed the Receiver to hold a meeting of the shareholders to pass accounts and deal with other matters. On the 28th April in the same year the Receiver issued a notice calling a meeting of the Company on Sunday th .....

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..... the 9th June. The order for injunction was not served upon the petitioner before us. The order apparently was hung up on the door of the registered office of the Company on Sunday morning. At 8-30 a.m., the hour fixed for the meeting, the door of the registered office of the Company was found closed by those shareholders who came there to attend the meeting. On the same day, the 18th of May, the petitioner and some other shareholders, who came to attend the meeting called for the morning of the 18th, proceeded to a private house near by and held a meeting whereby they purported to appoint Directors and sent a copy of the resolution which they purported to pass to the Receiver and to the Subordinate Judge. On the 19th May the Receiver repor .....

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..... 27th June 1924 cannot stand on the ground that the meeting that was held on the 18th of May was not a meeting of the Company and there was not therefore a breach of the injunction of the 17th May even assuming that that order was properly passed and even assuming that it was not necessary to serve it on or to give notice to the petitioner before proceedings against him in contempt could be taken. That I think is really sufficient to dispose of the matter. 3. There are proper ways in which a meeting of a company can be called either by the directors in accordance with the provisions of the Articles of Association, or by the shareholders on requisition, also in accordance with the provisions of the Articles of Association. There is only one .....

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