TMI Blog1996 (11) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... g for the years 1986 to 1996. The case of the respondent is that as per the Tamil Nadu Horse Races (Abolition of Wagering or Betting) Act, 1974 (hereinafter referred to as "the Act"), horse racing was sought to be banned. The appellant herein challenged the validity of the said Act before this court. This court upheld the validity of the said Act. Aggrieved by the same, the appellant herein preferred an appeal before the Supreme Court and obtained an order of stay of the operation of the said Act. When the matter was pending before the Supreme Court, the Government of Tamil Nadu passed another enactment, viz. , the Madras Race Club (Acquisition and Transfer of Undertaking) Act, 1986. By virtue of this Acquisition Act, the undertaking of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no activity of the club was carried on and as such there is no question of any annual general meeting with retrospective effect to be held for the previous years. The Company Law Board by its order dated August 17, 1996, allowed the company petition and directed the appellant to hold the annual general meeting for every year from 1986 to 1995. Aggrieved by the same, the present appeal has been filed. Mr. Mohan Parasaran, learned counsel for the appellant, contended that the non-holding of the meeting is not due to any inaction on the part of the duly elected management committee subsequent to the order of the Supreme Court, striking down the Acquisition Act. By virtue of the order of the Supreme Court, constituting the management commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in management. But, however, that management committee constituted under the articles of the club should have convened the annual general meeting every year which it failed to do so. It is unnecessary for the Board to go into the reasons for not holding the annual general meeting and on this ground directed the holding of the meeting from 1986 to 1995. The management committee constituted by the Supreme Court cannot be said to be the managing committee constituted under the articles of the club. It is only by virtue of the order of the court. Further, when the committee has been directed to take care of the affairs of the club and except the conduct of the races no other activity of the club was carried on by the appellant club, and when th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... performance is a good excuse." In fact, the Supreme Court has also referred to the maxim in the judgment reported in Vinod K. Kaul v. Union of India [1995] 9 JT 205 (SC) as follows : "The legal maxim lex non cogit ad impossibilia has to be borne in mind, i.e. , the law does not compel a person to do the impossible." As I have already pointed out, by virtue of the enactment of the Acquisition Act, the race club vested in the Government, as there was no stay of operation of the provisions of the Act pending the cases before the Supreme Court, challenging the said Acquisition Act. Instead of granting stay, the Supreme Court has constituted the committee of management. When the committee has been constituted by the apex court, no qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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