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TMI Blog2018 (4) TMI 1812X X X X Extracts X X X X X X X X Extracts X X X X ..... Dhruv Mehta, Senior Advocate assisted by Mr. Anil Kaushik, Mr. Rajinder Singh and Mr. Abhishek Mishra, Advocates For 2nd Respondent: Mr. Shyamal and Mr. Dhruv Pande, Advocates ORDER One Mr. M. Muthukaruppan, petitioner (2nd Respondent herein) preferred a petition under Section 97 of the Companies Act, 2013 read with Rule 74 of the National Company Law Tribunal Rules, 2016 for obtaining the directions of the Tribunal to call of an Annual General Meeting of 'Madras Race Club' (1st Respondent herein) for the Financial Year 2015-16. The following prayer were made therein: "5. RELIEF(S) SOUGHT: In view of the facts mentioned above, the Petitioner prays for the following: 5.1 That directions be issued by the Hon'ble Tribunal for calling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that, in the circumstances, there is a requirement of an independent person to scrutinize the record and to decide the issue in relation to the genuineness of members of the Club to whom the notice may be issued for the purpose of AGM. The suggestion has been accepted by the Petitioner subject to the condition that the independent person should not be the member of the Club and a time limit should be fixed for taking the decision on the issue under reference. The Counsel for Respondent has suggested the name of the Retired Hon'ble Justice Mr. K.P. Sivasubramaniam and submitted that he has already sought the consent of the Hon'ble Justice. Accordingly, we appoint Retired Hon'ble Justice Mr. K.P. Sivasubramaniam for determining the genuinen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ramakrishnan is proposed for appointment as Chairman of the AGM. The time and venue is also given in the memo. Counsel for the Petitioner has raised an issue that there requires an Independent Chairman. But, his submission is based on apprehensions, which is not worth of consideration at this point of time. However, an Independent Observer needs to be appointed. Accordingly, the order is as follows : The AGM shall be convened on 26.02.2018 (Monday) or on 19.03.2018 (Monday). The venue will be at Madras Race Club, Race Course Road, Guindy, Chennai. Mr. R. Ramakrishnan is appointed as Chairman of the AGM. Hon'ble Retired Chief Justice Mr. K.P. Sivasubramaniam is appointed Independent Observer. The Chairman is directed to convene the AGM s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the aggrieved members. Without discussing the aforesaid issue, the impugned order has been passed by the Tribunal directing The Madras Race Club to convene the AGM in absence of 640 persons/members, which amounts to grant of final relief as has been sought for in the main petition. 5. It is a settled law that the Court or the Tribunal cannot pass an interim order, which amounts to grant of final relief without deciding the main case on merit. In this case as the interim order dated 13th December, 2017 passed by Tribunal amounts to grant of final relief, we set aside the said order. In the effect all consequential order(s) passed by Tribunal are declared illegal. 6. The case is remitted to the Tribunal to decide the case on merit after n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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