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1993 Supreme(Kar) 112

Karnataka High Court
KARNATAKA BANK LIMITED, KODIALBAIL, MANGALORE - Appellant
Versus
A.B.DATAR - Respondent
Decided On : 04-22-93
M.F.A. : 2385 of 1992

Advocates:
ANAND A.MAGADUM, H.B.DATAR, RAMADAS BHADRI RAJU, S.SHAKAR SETTY, SUNDARSWAMY RAMDAS

A. B. MURGOD, J.

( 1 ) MISCELLANEOUS first appeal 2385 of 1992 is filed by the first defendant under order 43, Rule 1 (r) of CPC against the order dated 1141-1992 passed in original suit No. 6835 of 1992 by the 15th additional city civil judge, Bangalore, allowing the prayer for temporary injunction in i. a. i under order 39, rules 1 and 2 read with Section 151 of the Code of Civil Procedure.

( 2 ) MISCELLANEOUS first appeal 2386 of 1992 in filed by the first defendant under order 43, Rule l (r), CPC against the order dated 16414992 in original suit No. 6843 of 1992 on the file of the 15th additional city civil judge, Bangalore, partly allowing the prayer for temporary injunction in i. a. i under order 39, rules 1 and 2 read with Section 151 of CPC.

( 3 ) SINCE the appeals involved common questions of facts and law, they aredisposed of by the following common judgment.

( 4 ) THE facts giving rise to these appeals are as under: the Karnataka bank limited is a well-known banking institution and it is registered under the Companies Act, 1956. The board of directors in its meeting on 16-94992 decided to hold the 68th annual general meeting of the Karnataka bank limited on 29th day of october, 1992 and accordingly issued notices to all the shareholders. The appellant has despatched annual report for 1991-92 and notice convening the 68th annual general meeting to be held on 29-104992 to the shareholders between 25-94992 and 340-1992. On 340- 1992 one of the shareholders Sri b. Narayana somayaji. gave notice to the secretary. The Karnataka bank limited (hereinafter referred to as the 'bank') under Section 190 of the Companies Act, 1956 of his intention to move three resolutions as ordinary resolutions under Section 284 of the Companies Act, 1956 (hereinafter referred to as the 'act of 1956') at the 68th annual general meeting of the bank to be held on 29404992. "resolutions: 1. Resolved that Sri a. b. datar who was appointed as a director of the Karnataka bank limited at the 67th annual general meeting of the bank be and he is hereby removed from the office of director of the Karnataka bank limited. 2. Resolved that Sri ravishankar adiga who was last appointed as a director of the Karnataka bank limited at the 66th annual general meeting of the bank and he is hereby removed from the office of director of the Karnataka bank limited. 3. Resolved that Sri h. n. rao who was last appointed as a director of the Karnataka bank limited at the 67th annual general meeting, be and he is hereby removed from the office of director of the Karnataka bank limited. "

( 5 ) SRI k. Krishna holla, another shareholder gave similar notice dated 13-10-1992 notifying his intention to move similar resolutions under sections 284 of the Companies Act, 1956 at the 68th annual general meeting of the bank for the removal of the directors (1) Sri a. b. datar (2) Sri h. n. rao and (3) Dr. Ravishankar adiga. The bank notified the concerned directors of the notices received from Sri b. Narayana somayajl and Sri k. Krishna holla of their intention to move the resolutions in the 68th annual general meeting to be held on 29-10-1992 for removal of the named directors is compliance of Section 284 (3) of the act of 1956. Since the notices calling the annual general meeting had already been issued by the bank between 25-94992 and 340-1992, the bank issued notice dated 21404992 in the english dally newspaper Indian express pursuant to sub-section (2) of Section 190 of the Companies Act, 1956 about the notice in writing under Section 190 of the Companies Act, from Sri b. Narayana somayaji and Sri krishna holla of their intention to move the resolutions for removal of the directors Sri a. b. datar, Sri ravishankar adiga and srt h. n, rao. A similar publication was issued in kannada dally 'udayavani' dated 19404992. After these notices were issued, three suits came to bo filed against the bank. Original suit No. 6835 of 1992 has been filed by Sri a. b. datar against the Karnataka






























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