TMI Blog1987 (9) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... sition for calling an extraordinary general body meeting and as such it is not capable of being acted upon and that the appellant-defendant No. 2 either for himself or on behalf of the requisitionists is not entitled to convene a meeting of respondent No. 2, defendant No. 1, in pursuance of the said requisition dated July 27, 1987. Respondent No. 1 also sought a permanent injunction restraining the appellant-defendant No. 2 and other requisitionists from convening the extraordinary general body meeting. He took out a notice of motion for an injunction restraining defendant No. 2 from holding the meeting pending the decision of the suit. The trial court, after allowing the parties to file their affidavits in support and in rebuttal, by its o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter may be heard. I have heard learned counsel for the appellant-defendant No. 2 at length. He has covered all the points that were raised by respondent No. 1-plaintiff for not holding the extraordinary general body meeting. I may briefly indicate the points dealt with by learned counsel before me. He submitted that the plaintiff objected to the convening of the meeting on the following grounds : (1)One of the persons who has signed the requisition for the meeting is not a member of respondent No. 2-defendant No. 1-association. (2)There was no explanatory note required under section 173 of the Companies Act, 1956 (hereinafter referred to as "the Act"), and as such the requisition was invalid. (3)The venue of the meeting was de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by post, ( a ) service thereof shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document, provided that where a member has intimated to the company in advance that documents should be sent to him under a certificate of posting or by registered post with or without acknowledgment due and has deposited with the company a sum sufficient to defray the expenses of doing so, service of the document shall not be deemed to be effected unless it is sent in the manner intimated by the member ; and ( b )such service shall be deemed to have been effected ( i )in the case of a notice of a meeting, at the expiration of forty-eight hours after the letter containing the same is posted." The no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... members on September 2, and 3, 1987. Therefore, it is clear that those members have not received 21 days' clear notice of the extraordinary general body meeting to be held on September 21, 1987. The appellant has not obtained any acknowledgment for hand delivery of the notices, and, therefore, it is difficult to accept that all the members of defendant No. 1-association were given notices by hand delivery by defendant No. 2. Some of the notices which have been produced by counsel for the respondents-plaintiff and defendant No. 1 clearly indicate that they have not been posted on August 29/30, 1987, so as to reach the addressees with a clear margin of 21 days. In the result, I find that the appellant-defendant No. 2 has not made out a pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
