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2018 (10) TMI 1259 - AT - Companies LawNon-compliance of relevant provisions in the holding of AGM - Held that:- Considering the documents on record when the petition is perused, it must be said that no material to make out a case is there to spell out cause of action and no prima-facie case is made out for the various allegations. The Petitioner himself was not witness to the happenings in the meeting and no Affidavits or any other proof is filed of his alleged authorized representative or proxy, or anybody else. When no supportive material is available to make out cause of action or prima facie case, it is not necessary to go into roving inquiry into the manner in which the AGM was conducted. As such the arguments raised by the Appellant on the legal question relating to interpretation of Section 97 needs no discussion in the present case, as Appellant failed to cross the first hurdle itself to make out case invoking jurisdiction. Although the Appellant failed to make out a cause of action or prima facie case, the NCLT still considered his grievances and found it fit to dismiss the Petition at the preliminary stage itself. We do not find any reason to interfere.The Company Petition is dismissed. Impugned Order is maintained.
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