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2022 (3) TMI 1267 - Tri - Companies LawAppointment of directors from the Petitioner families on the Board of Company - appointment of Alternate Director - Section 161 of the Companies Act, 2013 - HELD THAT:- In this case, the Articles of Association contain specific provision for appointing an alternate Director. Before approaching this Tribunal, the applicants could have taken up this issue in the Board Meetings of the Company. This Bench has not been informed about any such effort being made by the applicants and the results, if any, of the same. Furthermore, Section 161 of the Act lays down that an Alternate Director can be appointed if there is the absence of a director for a period not less than three months from India. In the case in hand, Shri Manmohan Singh Kalsi is in India and his possible absence is still in the realm of the future. This Tribunal is conscious of the decisions in the case of Union of India & Ors. v. Modiluft Ltd., [2003 (5) TMI 530 - SUPREME COURT] & Raja Khan v. Uttar Pradesh Sunni Central Waqf Board & Anr., [2010 (11) TMI 201 - SUPREME COURT] wherein it has been held that if interim relief is same as that of permanent relief, then it is not permissible because no case would be left for adjudication at the time of final hearing. It was further held that in such a situation, the Court shall not grant any interim relief unless the case is fully heard. This Bench is of the considered view that the prayers made by the applicants cannot be acceded to - Application disposed off.
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