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2021 (1) TMI 815 - NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCHOppression and Mismanagement - Legality of notice - holding of EGM within 3 months of date of requisition - holding of EGM - dissenting members - difference of opinion - HELD THAT:- The orders were reserved on 20.11.2020 by this bench, the order was pronounced today, the lead judgement was rendered by Shri Chandra Bhan Singh, Member, Technical and the dissenting judgement is passed by Member Judicial. The members are divided on the following legal issues: a) Whether the notice dated 06.01.2020 and 05.02.2020 amounts to valid requisition as defined under section 100 of the Companies Act, 2013? b) Whether the law mandates holding of EGM within 3 months of date of requisition as prescribed under section 100(4) of the Companies Act, 2013? c) Whether issuing of notice on 13.07.2020 can be considered as requisition under section 100(2) of the Companies Act, 2013? d) Whether the EGM held on 10.08.2020 and the resolution passed there under are bad in law? e) Whether there are any acts of oppression and mismanagement by majority shareholders? The Registry is directed to place the record before the Hon’ble Acting President for constituting appropriate 3rd member for his opinion, so that the order in IA is rendered in accordance with the opinion of majority.
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