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2016 (11) TMI 166 - Tri - Companies LawValidity of resolution passed in EGM - violation of direction of the then Company Law Board - Held that:- There were specific directions of the Company Law Board for maintaining the status quo of the share capital of the respondent No. 1 company and constitution of Board of Directors of the Company. But in violation of that a notice for Extraordinary General Meeting was given and Extraordinary General Meeting has been purportedly held on 21-9-2015 whereby names of respondent Nos. 2, 3, 4 and 5 have been removed from the Board of Directors and names of Mr. Manoj Kumar Chaudhury as Managing Director, Niranjan Kumar Maurya as Director and Mr. Rajesh Kumar Ranjan as Director have been added thereby status quo position which ought to be maintained as per the direction of the then Company Law Board has been violated. The Application deserves to be allowed and the resolutions passed at the Extraordinary General Meeting dated 21-9-2015 also deserve to be declared as null and void. Consequently, the names of Mr. Manoj Kumar Chaudhury as Managing Director, Niranjan Kumar Maurya as Director and Mr. Rajesh Kumar Rajan as Director of the Respondent No. 1 company should be deleted from the MCA portal and the names of the respondent Nos. 2, 3, 4 and 5 as the Directors of Respondent No. 1 Company deserves to be restored in the MCA Portal.
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