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1960 Supreme(Cal) 139

Ray
Biswanath Prasad Khaitan – Appellant
Versus
New Central Jute Mills Co Ltd – Respondent


Advocates Appeared:
B.K.Chakravarti, E.R.Meyer, R.C.Nag, S.C.Chowdhury, S.C.Sen, S.M.Bose,

JUDGMENT

1. THIS is a suit for an injunction restraining the defendants from holding the extraordinary general meeting of March 31, 1960 and also from implementing or giving effect to any resolution which may be passed at the meeting and for a further declaration that the resolutions mentioned in paragraph 12 of the plaint are illegal, void and ultra vires the Articles of Association and the Companies Act, 1956.

2. NEW Central Jute Mills Company Ltd., is a company incorporated under the Indian Companies Act, 1913. The share capital of the company, according to the plaintiff, consists of subscribed 33,000, 7 p. c. cumulative preference shares of Rs. 100/- each fully called up and 1282500 ordinary shares of Rs 10/- each fully called up. The company states that the ordinary shares are 17,10,000 and not as alleged by the plaintiff. The company at its annual general meeting on January 15, 1960 wherein the balance sheet and profit and loss accounts for the year ending March 31, 1959 were passed, elected directors and a dividend of Rs. 1. 50 np. per share (that is 15 p. c.) was declared and paid for the said year. By a notice dated March 7, 1960 an extraordinary general meeting of the comp

















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