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1951 Supreme(Cal) 34

HARRIES, BANERJEE
INDIAN SPINNING MILLS LTD. – Appellant
Versus
HIS EXCELLENCY LT. GENERAL MADAN SHAMSHER JANG BAHADUR RANA – Respondent


Advocates Appeared:
B.C.Dutt, RANADEV CHOUDHURY, S.K.BASU, SUDHAMOY BOSE

HARRIES, C. J.

( 1 ) THIS is an appeal from an Order of Mookerjee J. dated 22-9-1950, directing that an extraordinary general meeting of the Company should be held.

( 2 ) THE application was made to Mookerjee J. under Section 79 (3), Companies Act. It was alleged that owing to disputes which had arisen between the share-holders and the directors of the company in question it was impracticable to hold an extraordinary general meeting and therefore application was made to the Court for the convening of such a meeting under the directions of the Court. The learned Judge having considered the whole of the matter came to the conclusion that it was impracticable to call a meeting of the company in any manner in which the meetings of that Company might be called in accordance with the Articles of the Companies Act.

( 3 ) THE paid up capital of this Company is Rs. 4,59,420/- of which the contesting respondents hold Rs. 3,66,000/ -.

( 4 ) THE last annual general meeting of the Company was held on 23-12-1949 and thereafter the Board of Directors consisted of Gopal Chandra Saha Monoj Mohan Ray, S. K. Mukherjee, N. N. Bose and A. C. Roy Chowdhury; the latter was the nominee of the contesti



















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