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TMI Blog1951 (1) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, CJ. - This is an appeal against an order of Krishnaswami Nayudu, J., directing the directors of Tiffin's Barytes Asbestos & Paints Ltd., to convene and hold the annual general meeting of the company on Sunday, the 28th January, 1951, after giving due notice to the shareholders as provided under the articles to consider certain subjects. This order was made on an application filed by the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he chairman. It was conceded before us by learned counsel appearing for the company that no regulations had been made as contemplated by this article. But he mentioned that at a meeting of the directors on 12th August, 1950, one Mr. Veeramani was elected chairman. It is obvious that it cannot be said in this case that there is a validly elected chairman of the board of directors whose right to tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... objections by the respondent. We shall therefore, refrain from saying anything as to the correctness or otherwise of any of his decisions. But it is clear that the person who is put forward by the company as the permanent chairman rejected all the 73 proxies submitted by one Mr. E.R. Krishnan on the ground that they did not conform to the form under Regulation No. 66 of the Act. There is besides t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the company which it had no jurisdiction to do. But we find that section 79(3) itself contemplates the giving of directions by the court as to the manner in which a meeting of the company can be held and conducted. Section 76 expressly confers on the Court the power to call or direct the calling of a general meeting of the company. If the court can call for a meeting, we presume the court c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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