9911796707
TMI Blog2016 (11) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... of Companies Act, 1956 seeking to supersede the Board of Directors of the Petitioner-Company and to regulate the conduct and affairs of the Company and also for other certain directions. Since there was no interim order of stay for conducting the Annual General Body Meetings, in the 41st Annual General Body Meeting of the Company, some new resolutions were passed contrary to the interest of the petitioner-Company. The said proceeding was challenged before the II Additional Civil Judge, Mangalore in O.S.No.125/1990. When the matter stood thus, the respondents herein filed Company Application No.919/2008 seeking for amendment of the Company Petition and add paragraphs No.44-A to 44-AT and also intended to seek the additional reliefs as 15(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances, the question of reserving liberty to raise the issue which is the subject matter of C.A.No.919/2008 before the Company Law Board does not arise. Under Order 23 of Code of Civil Procedure, at any time after the institution of a suit, the plain tiff may withdraw the suit or abandon a part of the claim, where the Court is satisfied that a suit must fail by rea son of any formal defect or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of the suit or part of a claim. In the instant case, though the amendment application has been filed in the year 2008, it was pending consideration till the year 2013. The respondents had filed a memo seeking withdrawal of the amendment ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m order in the company petition, in the 41st Annual General Body Meeting, some new resolution has been passed adverse to the interest of the Company. It was challenged in O.S.No.125/1990. In view of subsequent events, the respondents had filed an application seeking amendment of the Company Petition. In view of death of some of the respondents in the Company Petition, applications have been filed to bring the legal representatives of the deceased respondents. Hence, there is some delay is disposing of the said applications. In the meantime, some of the share holders approached the Company Law Board alleging oppression and mismanagement. Since the issue is pending before the Company Law Board, the respondents have thought it fit to withdraw ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
