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2020 (2) TMI 1327 - Tri - Companies LawService of Notice - Cancellation of Illegal appointment of directors in the Annual General Meeting - HELD THAT:- There appears factual controversy in between the parties whether notices of AGM dated 24.09.2019 and EoGM dated 04.01.2020 had really been given to the petitioner. To record finding on this aspect, we have to hear main petition allowing the parties to lead evidence to suppon their contention. At this interim stage, we cannot record our findings on this factual controversy. We found that there is a prima facie evidence on record indicating that the notices of both the meetings were given to the petitioner. Hence, we are not inclined to grant interim relief as claimed by the petitioner. We are also of the considered opinion that if we are to allow interim relief as claimed by the petitioner, then it will be nothing but allowing his prayers in the main petition itself. Such procedure is not contemplated, while considering interim application. The respondent nos. I to 6 are directed to file affidavit-in-reply to main petition within three weeks by giving copies thereof to the petitioner and the petitioner to file rejoinder thereto within two weeks thereafter. Main Petition to appear for further consideration on 08.04.2020. Application filed by the petitioner for interim relief stands rejected.
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