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2024 (3) TMI 1337

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..... nd the same will be provided to the Petitioners/Shareholders in the next five business days. However, the same was not furnished. It is not required to stay the conducting of the EGM proposed to be held on 29.03.2024. However, all the contentions raised in the main CP are kept open for being argued and consideration before this Tribunal when the main CP is taken for hearing on 04.04.2024. Application disposed off. - Khetrabasi Biswal, Member (J) And Manoj Kumar Dubey, Member (T) For the Appellant : Sudipto Sarkar, Sr. Adv., Sathish Parasaran, Sr. Adv., Shankh Sengupta, Tine Abraham, Yogesh Singh, Aubert Sebastian, Manasa Sundarraman, Lavanya Ananth, Sujoy Sur, Rangam Sharma, Prarthana Bathija, Angelika Aswasthi, Neha Dhavalikar, Subhang N .....

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..... information and inspection of documents which was the legal right of the Shareholders. 5. It was further explained that not giving inspection to the Registers and other documents to the Shareholders was violative of Section 94 of the Companies Act, 2013. Our attention was invited to the Additional Affidavit filed on 27.03.2024, stating that the R-1 Company had permitted them to inspect the Registers etc. on 22.03.2024. However, 3 (three) hours before the inspection was to be carried out, the Applicants received an e-mail from the R-1 Company communicating the denial of the inspection since the Applicants had chosen to file the instant Company Application. Thus, the Applicants have contested the same and also bought our attention to the rele .....

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..... proposed EGM, the notice for the EGM was being sent to by electronic mode to the Members whose e-mail address was available with the Company. Thus, it was stated that the notice was therefore not sent to all the Members of the Company. In response to this, it was categorically confirmed by the Ld. Senior Counsel for the Respondents that in fact the notices have been served on all the existing Shareholders of the Company. The Respondents are directed to file an Affidavit in this regard to the effect that the service of notice of the EGM was effected on all eligible Shareholders, within a period of one week. 8. It was further stated by the Ld. Senior Counsel for the Applicant that as per the Rights issue offer letter dated 27.01.2024, the en .....

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