9911796707
TMI Blog1989 (12) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and was registered in the year 1942. The primary object of the company was to acquire, construct, maintain buildings and shops for public use and benefit. The petitioner was duly elected as a member of the managing committee which assumed office on January 3, 1978. The company held annual general meetings till the year 1981 as provided in the memorandum and articles of association of the company. Every year members of the managing committee were appointed. After August 4, 1985, no meeting or annual general meeting was held for electing members of the managing committee. Respondent No. 2 is in control of the affairs of the company. He donated the following sums to the institutions: Rs. "(a)D.A.V. College 2,40,000 (b)L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings of the parties, the following issues were framed: 1.Whether the petition is maintainable by the petitioner? 2.Whether the affairs of the company are being conducted in a manner prejudicial to the public interest or in a manner oppressive to members of the company or prejudicial to the interest of the company itself? 3.Relief. Issue No. 1 ought to have been treated as a preliminary issue. However, since the parties have led evidence under issue No. 2, I am disposing of both the issues. Issue No. 7.-Sub-section (1) of section 399 of the Act deals with the right of the members of a company to apply under sections 397 or 398 of the Act and it reads thus: "(a) in the case of a company having a share capital, not less than one hundred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing as PW-2. PW-1 practically reiterated the allegations made in the petition but, in the cross-examination, he had to admit that all the facts stated by him in examination-in-chief were told to him by the petitioner. The witness also admitted that, in the annual general meeting, the accounts of the company are passed and the members of the managing committee were elected. He also admitted that the buildings of D.A.V. College and School at Malout were constructed by the company and that the company is competent to earmark funds for education. The petitioner, who appeared as PW-2, reiterated the allegations made in the petition, but in cross-examination he was forced to admit that when he was a member of the managing committee of the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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