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1991 Supreme(Kar) 381

K.J.SHETTY
DEVARAJ DHANRAM – Appellant
Versus
FIREBRICKS AND POTTERIES PVT. LTD. , BANGALORE – Respondent


Advocates:
K.G.RAGHAVAN, UDAYA HOLLA

K. J. SHETTY, J.

( 1 ) THIS Company application is filed by the respondents seeking an order as follows: this Hon'ble Court may be pleased to permit the respondents to give effect to the resolution dated 3-8-1989 passed by the extraordinary General Meeting held on 3-8-1989 minutes whereof has been filed along with the statement of objections as Annexure r-23 to the Company petition. In the application the respondents have averred that the petitioner in the Company petition filed an application No. 868 of 1989 praying for grant of temporary injunction to restrain from holding of extraordinary General Meeting on 3-8-1989. This Court passed an order dated 1-8-1989, which reads as follows: "the respondents may hoid the General Meeting, any resolution passed thereof shall not be given effect to or acted upon until this Court otherwise directs. It is also clarified, by the holding of the General Meeting and the passing of the resolution no equity will be built up in favour of respondents 2 to 6. Any claim by respondents 2 to 6, any commitment that may result by virtue of the passing of the resolution, financial or otherwise shall be at the risk of respondents 2 to 6. The petitioner is fre










































































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