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

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COAPPL41.12
provisions referred to in Section 3(i)(iii) of the Companies Act. Pursuant to the
Companies Amendment Act 2000, Section 3 of the said Act was amended to
add further requirement viz (d) prohibits any invitation or acceptance of
deposits from the persons other than its members and directors or their
relatives and Section 43(A) deleted by way of amendment in the year 2000.
Consequently the third category of the Company i.e. Deemed Public Limited
Companies which continued to be permitted to include provisions applicable
to Private Limited Company ceased to exist. Thereafter there are only two
categories of Companies in the Companies Act viz. 'Private' and 'Public'.
7. On 2 nd April 2001, the first respondent Company issued a notice calling
upon EOGM to pass special resolution to amend Art. 3 of the Articles of
Association to insert clause (d) prohibiting acceptance of deposits from
persons other than members, directors or their relatives and also to change the
name of the Company from Gharda Chemicals Limited to Gharda Chemicals
Private Limited. However, the said resolution was defeated in the EOGM
dated 5 th January 2001 by the appellants and their group who approx. hold
more than 32% of the paid-up capital.
8. By letter dated 17 th May 2001, the first respondent Company informed
the appellant No.2 that a transfer notice dated
15 th May 2001 from Ms P.E. Daruwalla had been received by the Company