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2012 (6) TMI 642 - HC - Companies LawAmalgamation - application for recalling the order – appellants are majority shareholders – Applicants shareholders of respondent did not attend the meeting nor they received any notice of the meeting – Held that:- There is also no determination of non-service of the notices personally on the shareholders, advertisement in inconspicuous newspapers to prevent shareholders from attending the meetings, attendance by unauthorised persons, voting by unauthorised persons and the attendance register showing attendance by dead persons - since order sanctioning scheme and follow up action pursuant thereto, had become final in proceedings wherein some of present applicants were not only present but participated, same could not be agitated once again and, therefore, action of appellants was hit by principle of res judicata - even otherwise since all appellants had accepted scheme of amalgamation and companies against whom relief was sought for were no longer in existence, they could not be reverted back to their earlier position
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