Jer Rutton Kavasmneck alias Jer Jawahar Thandi - Bombay High ...

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COAPPL41.12
4. In these circumstances, the Learned Counsel Mr Samdhani
appearing for the Appellants seeks leave to withdraw this Appeal
with liberty to adopt appropriate proceedings, in case an occasion
arises and if fresh meeting is convened.
5. The application for withdrawal is granted. The Company
appeal is allowed to be withdrawn and is dismissed as such with
liberty to the Appellants to adopt appropriate proceedings in case
a fresh Extra Ordinary General Meeting is convened. All
contentions of both the sides in that behalf including the
maintainability are kept open.
6. Needless to, therefore, state that if the Appellants adopt
appropriate proceedings, the Company Law Board or such other
Forum may decide the same on its own merits and in accordance
with law.
7. Needless to state that a fresh Extra Ordinary General
Meeting is convened, that would necessarily mean a fresh cause
of action and once this Appeal is withdrawn, there is no doubt that
the Company Law Board or such other forum which is
approached by the Appellant, will decide the proceedings
independent of the observations made in the earlier order.”
21. On 31 st March 2012, the respondent Nos.6 to 8 collectively holding
12.58% of the paid-up share capital issued by the first respondent Company,
issued a notice under Section 169 of the Companies Act 1956 and Article 76 of
the Articles of Association to convene an Extra Ordinary General Meeting
(EOGM) of the members of the Company to transact the following business by
special resolution.
“ Amendment of Articles of Association of the company for
deletion of Article 57 of the Articles of Association of
company.”
“RESOLVED THAT pursuant to section 31 of the
Companies Act, 1956 and other applicable provisions