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2004 (11) TMI 172

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..... Thyagarajan Mudaliar claiming to be duly authorised to represent the appellant-company viz. Sri Chandra Tobacco Ltd., seeks restoration of the captioned appeal which was dismissed by this Bench on 20-7-2001 vide final order No. 1182/2001 reported in 2002 (142) E.L.T. 66. This matter stood adjourned from time to time at the instance of the applicants' Counsel. The last such adjournment was granted .....

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..... fter examining the past record of proceedings in this application, we are not inclined to allow any further adjournment. It was for filing some documents that the last adjournment was obtained by the party. No document has been filed by them, nor have they sought further time for the purpose. On the other hand, Counsel has sought further adjournment for a different reason, which we can hardly appr .....

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..... eads as under : "Resolved that Shri Thyaga Rajan Mudaliar Rajbhadur, be and is hereby appointed as an Additional Director of the Company". The above resolution was passed on 5-6-2000. It did not specifically authorise Shri Thyaga Rajan Mudaliar to represent the Company in legal proceedings, nor did the Companies Act enable such an ad hoc appointee to so represent. In the normal course, it is t .....

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..... Additional Director appointed by the Board of Directors shall hold office only up to the date of the next Annual General Meeting of the Company. Shri Thyaga Rajan Mudaliar was appointed by the Board of Directors as Additional Director on 5-6-2000. Since then, in the normal course of business of the Company, a number of Annual General Meetings of the Company must have taken place. There is no mater .....

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