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Renaissance JMW Energy Ventures (BIV) Ltd. Versus Renaissance JMW Energy India Private Ltd.

2015 (6) TMI 1146 - COMPANY LAW BOARD, NEW DELHI

Approval of Bench to holding Extraordinary General Meeting u/s 186 of the Companies Act, 1956 - Held that:- On hearing the submissions and pleadings of the Petitioner Counsel, it appears that there are two shareholders in the Respondent Company, one is the Petitioner holding 99.99% shareholding in the company, another is Mr Jeifrey Waterous holding one share in the company, he resigned from the company as director in the year 2011 itself and since then he is not available for attending any meeti .....

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ber or director can take recourse under this section to call a meeting of a company other than annual general meeting with the leave of 18. Here, in this Company, no directors are continuing, there is only one shareholder, who ordinarily cannot hold meeting without approval of CLB. Hence, CLB, invoking jurisdiction under section 186 of the Companies Act, 1956, holds that the petitioner alone shall be deemed to constitute a meeting, and authorises the petitioner to call. hold and conduct EoGM on .....

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efs:- (a) An Extraordinary General Meeting of the Company be called and conducted by, through and in the presence of the Petitioner Company who is the sole shareholder of the company; (b) The Petitioner Company, being the sole shareholder, be allowed to constitute the quorum for the Extraordinary General Meeting so called; (c) Upon their appointment at the proposed EGM, the newly appointed directors Mr.Mohd Tarique Mohd Taher Aboobakar and Mr.Mitesh Rameshchand Hariya be authorized to make filin .....

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f the provisions of the Companies Act, 1956 and of the Company's Articles of Association; (e) Such further order or orders as this Hon ble Board may deem fit and proper. 2. Case of the Petitioner: Respondent Company is incorporated on 28th December, 2010 as a private limited company with it s registered office at 53, Paschim Marg, Vasant Vihar, New Delhi. The authorized share capital of the company is ₹ 5.00 lakhs divided into 50,000 equity shares of ₹ 10/- each out of which 10,0 .....

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Company due to nonavailability of suitable candidates for the position of a director. Subsequently, Mr. David Julian Christle also resigned from the Board of Respondent Company w.e.f. 6.6.2013, the same is evident in the resignation letter enclosed with this petition. The Petitioner company has another shareholder namely MrJeffrey Waterous. He already resigned from the directorship of the company w.e.f. 9th December, 2011. Therefore, by the time of filing this petition, there are no directors o .....

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in the company, therefore, the Petitioner filed this CP for approval of this Bench tor holding Extraordinary General Meeting u/s 186 of the Companies Act, 1956. For this CP has been filed in the interest of the company, the Petitioner prays for approval to hold General Meeting u/s 186 of the Companies Act, 1956. 4. On hearing the submissions and pleadings of the Petitioner Counsel, it appears that there are two shareholders in the Respondent Company, one is the Petitioner holding 99.99% sharehol .....

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