Judgment

VENKATARAMIAH, J.:- This appeal by special leave is filed against the order dated August 7, 1984 passed by the High Court of Allahabad in Civil Misc. Application No. 10968 of 1984 (reported in (1984) 9 Com. N.R. 399) in Special Appeal No. 2 of 1982 on its file. The dispute involved in this case relates to the validity of an extraordinary general meeting of the Swadeshi Polytex Ltd. (hereinafter referred to as the Ploytex Company), a company governed by the Companies Act, 1156 (hereinafter referred to as the Act) held pursuant to a notice dated February 11.1984 issued under section 169 of the Act by some of its members.

2. The controlling interest in the Swadeshi Cotton Mills Company Ltd. (hereinafter referred to as the Cotton Mills Company) which is also governed by the Act was acquired by Mangturam Jaipuria and his family in 1946. Sitaram Jaipuria is the adopted son of Mangturam, Jaipuria. Alter his adoption Mangturam Jaipuria got a natural son. Rajaram. In or about the year 1964, Sitaram Jaipuria became the Chairman and Managing Director of the Cotton Mills Company. In 1970. the Jaipuria family decided to promote another company and accordingly the Polytex Company was esta