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2020 (12) TMI 249

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..... o.3. P.C:- Heard learned Counsel for the parties. 2. In this case, though by order dated 20th October, 2020, the case was fixed on 3rd December, 2020, on a praecipe filed by learned Counsel for the petitioner, matter is taken up today. 3. We find that Respondent No.3 has already filed reply affidavit. 4. Petitioner has made an interim prayer that he be allowed to contest election for director .....

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..... ontest for directorship. 6. We have heard learned Counsel for the contesting parties at some length. 7. Section 160 of the Companies Act, 2013 being the relevant provision is quoted herein below:- "160:- Right of persons other than retiring directors to stand for directorship:- (1) A person who is not a retiring director in terms of section 152 shall, subject to the provisions of this Act, b .....

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..... shall not apply in case of appointment of an independent director or a director recommended by the Nomination and Remuneration Committee, if any, constituted under sub-section (1) of section 178 or a director recommended by the Board of Directors of the Company, in the case of a company not required to constitute Nomination and Remuneration Committee.] (2) The company shall inform its members of .....

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..... to understand as to how the same can be waived off at the instance of the petitioner. In such circumstances, we are not inclined to accede to the prayer for interim relief made by the petitioner. Accordingly, prayer for interim relief is declined. 11. Stand over to 2nd February, 2021. 12. This order will be digitally signed by the Private Secretary of this Court. Sheristedar of this Court is per .....

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