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2021 (10) TMI 1372 - KERALA HIGH COURTSeeking to issue appropriate directions to the 2nd Respondent Bank and the 3rd Respondent Board to comply with the Corporate Governance requirements while conducting the 94th AGM - seeking to issue appropriate directions to the 2nd Respondent Bank and the 3rd Respondent Board and the 9th Respondent Committee to identify appropriate candidates and place their recommendations before the members during the 94th AGM - seeking to issue appropriate directions to the 2nd Respondent and the 3rd Respondent reassess the performance of the Petitioner and recommend the Petitioner for appointment as Director to be placed before the 94th AGM - rejection of application of the Petitioner under Section 160 of the Companies Act 2013. HELD THAT:- There is consensus of all the learned Senior Counsel appearing for the contesting parties, for relegating the matter to the writ court, so as to enable the parties to advance submissions, for the final conclusion on the maintainability of the writ petitions, instead of a prima facie opinion. It is deemed fit to interfere with the impugned interim order to the limited extent of remitting the matter, for attaining finality to the preliminary issue of maintainability of the writ petitions - the matter is remitted back to the writ court, granting liberty to all the parties concerned, to advance submissions, regarding the maintainability of the writ petitions. Appeal disposed off.
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