9911796707
TMI Blog2010 (8) TMI 776X X X X Extracts X X X X X X X X Extracts X X X X ..... he provisions of the Act ; to keep records available for the members ; to postpone the annual general meeting for the year 2009-10 scheduled to be held on 27-8-2010, to such date covering 21 days' notice period ; award exemplary costs payable by the respondent-company to the petitioner not less than Rs. 5 lakhs. In support of these pleadings, he has also sought for interim prayers of the same nature. 2. The case of the petitioner herein is that he is a member holding two shares in this listed public company limited by shares, which is arrayed as respondent. The petitioner made a request to the respondent-company vide his letters dated 26-5-2010, for supply of certain documents as listed therein (annexures A1 and A2). When the respondent-co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that it shall take necessary action accordingly, has failed to supply the documents to him till this date though he made his request in the month of May, 2010 followed by subsequent reminders for the last two months. Such non-supply of documents by the company has constrained him until this date to approach this Bench by this petition filed under section 186 for postponement of the ensuing annual general meeting and directions for supplying documents as sought therein. For these reasons, the petitioner urged this Bench to postpone the annual general meeting scheduled to be held on 27-8-2010 and direct the respondent-company to supply him the documents, as asked for, which are on the company's records at its registered office. 4. Learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could be invoked to call for a meeting, if for any reason it is impracticable to call a meeting other than the annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this Act or the articles, then this Bench can give a direction subject to its satisfaction, but not to stall an annual general meeting to be held. In the instant case, the respondent-company already called the annual general meeting for the year 2009-10 and issued notice to the members of the company to which the petitioner admittedly received the notice along with the copy of the annual report. In this factual scenario, the reliefs sought for in the present petition are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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