TMI Blog2020 (2) TMI 1337X X X X Extracts X X X X X X X X Extracts X X X X ..... draw the petition with liberty to approach the NCLT in terms of Section 244 of the Companies Act, 2013, while also reserving the right to take such remedies as may be available in law, in case NCLT refuses to grant waiver to the petitioner under subsection 244 of the Companies Act, 2013. The petition is dismissed as withdrawn with liberty as prayed for. - W.P.(C) 1878/2020 & CM APPL. 6603/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Annual General Meeting, scheduled to be held on 29.12.2019 holding it to be against the provisions of the Companies Act, 2013 and articles of association; and/or b) Allow a writ of certiorari in favour of the petitioner and against Respondents thereby seeking setting aside of the Annual General Meeting, which took place illegally on 29.12.2019 and resolutions passed during the course of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er submits that since petitioner does not satisfy the requirement of Section 244 (1) (a) (b), a petition before NCLT, would not lie. 4. On the contrary, it is submitted by learned senior counsel for the respondent that proviso to Section 244 (1) of the Companies Act, permits any person who does not satisfy the requirement of Section 244 (1) (a) (b) to apply to NCLT for waiver of the conditi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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