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2021 (8) TMI 151 - Tri - Companies LawDirection to convening of Annual General Meeting (AGM) - period of limitation for all proceedings - condonation of delay or not - HELD THAT:- It is true that the Hon'ble Supreme Court in Suo Moto Writ Petition (Civil) No(s). 3/2020 dated 23.03.2020 [2020 (5) TMI 418 - SC ORDER] ordered that "a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed". What is to be seen is that the respondent Nos. 2 & 3 have not contended that they were prevented from filing the appeal or unable to file the appeal for the last more than one year due to any compelling reasons. On the other hand, they filed the CA No. 12 of 2021 before this Tribunal. The contention that till the expiry of the limitation period for filing the appeal, no order against which the appeal is proposed to be filed, can sought to be implemented/executed and that the party who suffered the said order cannot be committed for contempt for non-implementation/non-compliance of the said order is unsustainable. The order passed by a Court/Tribunal is executable/implementable from the date of its passing - The conduct of the respondent Nos. 2 & 3 in not complying with the orders of this Tribunal for more than one year is not bonafide. On the other hand, it is contemptuous. It is to be seen that the Government of India, Ministry of Corporate Affairs has issued various Circulars from time to time clarifying procedure for holding the extraordinary general meetings and AGMs through video conferencing or other audio visual means in view of Covid-19 situation prevailing in the country from time to time. One such circular is General Circular No. 20/2020 dated 05.05.2020, in terms of the same, companies can hold their AGMs through video conferencing after following the procedure mentioned therein. The respondent Nos. 1 to 3 shall comply/implement the order by convening/holding and conducting the Annual General Meeting within 30 days from the date of receipt of this order either through physical mode or through video conferencing or other audio visual means in terms of the Circulars issued from time to time by the Ministry of Corporate Affairs and shall file the compliance report before the next date of hearing - List the matter on 06.09.2021.
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