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2017 Supreme(AP) 520

S.V.BHATT
MEDAK DIOCESE OF CHURCH OF SOUTH INDIA TRUST ASSOCAITION – Appellant
Versus
UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF CORPORATE AFFAIRS, NEW DELHI – Respondent


Advocates Appeared:
FOR THE PETITIONER: MR. VEDULA VENKATA RAMANA, MR. K. CHIDAMBARAM
FOR THE RESPONDENTS: MR. K. LAKSHMAN, MS. K. MAMATHA, MR. ASWANI KUMAR

ORDER :

1. Heard Mr. Vedula Venkata Ramana, learned senior counsel for petitioner, Mr. K. Lakshman, the Assistant Solicitor General for respondents 1 to 5, Ms. K. Mamatha for respondent No.6 and Mr. Ashwani Kumar for respondent No.7.

2. The petitioner prays for Mandamus declaring order No.07/131/2011-CL II (SR) dated 10.06.2016 of 1st respondent and the consequential communication Ref: SFIO/CHN/CSITA/Corr. dated 02.08.2016 and the notice dated 21.09.2016 of 4th respondent, as illegal and unconstitutional.

3. The petitioner challenges the impugned order etc., as not conforming to Section 212 of the Companies Act, 2013 (for short, the Act).

4. The submissions of counsel substantially centered around Section 212 of the Act. Therefore, the circumstances relevant for dealing with these submissions alone are adverted to.

5. The Medak Diocese of Church of South India Trust Association, Church House, Old Lancer Line, Secunderabad, Telangana, represented by its Director and also the Power of Attorney Holder i.e., Vimal Sukumar is the petitioner. The petitioner is one of the units of Church of South India Trust Association (CSITA), which is registered under the provisions of the Act and it is ave





























































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