TMI Blog2021 (10) TMI 1372X X X X Extracts X X X X X X X X Extracts X X X X ..... e 3rd Respondent Board and the 9th Respondent Committee to identify appropriate candidates and place their recommendations before the members during the 94th AGM - seeking to issue appropriate directions to the 2nd Respondent and the 3rd Respondent reassess the performance of the Petitioner and recommend the Petitioner for appointment as Director to be placed before the 94th AGM - rejection of application of the Petitioner under Section 160 of the Companies Act 2013. HELD THAT:- There is consensus of all the learned Senior Counsel appearing for the contesting parties, for relegating the matter to the writ court, so as to enable the parties to advance submissions, for the final conclusion on the maintainability of the writ petitions, ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd pass appropriate direction if need be. 3. the 1st Respondent, the 13th Respondent, and the 14th Respondent to issue appropriate directions to the 2nd Respondent Bank and the 3rd Respondent Board and the 9th Respondent Committee to identify appropriate candidates and place their recommendations before the members during the 94th AGM. 4. the 13th Respondent and the 14th Respondent to issue appropriate directions to the 2nd Respondent and the 3rd Respondent reassess the performance of the Petitioner and recommend the Petitioner for appointment as Director to be placed before the 94th AGM. 5. The quashing of the impugned letter dated 20.09.2021 rejecting the application of the Petitioner under Section 160 of the Companies Act 2013. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t petitions, Mr.P.Chitambaram, learned Senior Counsel appearing for Mr.P.K.Vijayakumar, respondent No.1 in W.A.No.1322 of 2021, submitted that opinion of the writ court on the maintainability was only prima facie and not conclusive as to whether writ petitions are maintainable or not. 6. He further submitted that though respondents in the writ petition have cited several judgments, in support of the contention that the writ petitions are maintainable, there is no reference to the same in the interim order. 7. He further submitted that he has no objection for the writ court to hear the question of maintainability and all the contentious issues raised. For the above purpose, he requested the matter be remitted back to the writ court. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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