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1998 Supreme(Del) 292

VIJENDER JAIN, VUENDER JAIN
NTPC (UP) LIMITED – Appellant
Versus
SWADESH POLYTEX LIMITED – Respondent


Advocates Appeared:
ARUN JAITLEY, G.RAMASVAMY, KAMLESH DUTT, P.B.AGRAWAL, P.V.KAPUR, PUJA ANAND, R.K.GUPTA, Suman Batra, V.D.MAKHIJA

Vijender Jain, J.

( 1 ) THIS application has been filed by the plaintiffs-applicants to amend para-53 of the plaint by inserting paras-53 (A), (B), (C), (D), (E), (F), (G), (H) and (I), which are to the following effect |-

( 2 ) 53. A. That a notice for holding 27th AGM of the defendant No. 1 company on 5. 12. 1997 was issued on 29. 10. 1997. The said notice of the AGM provided for the following in its agenda :- 3. Ordinary Business

1. To consider and adopt the Balance Sheet as at 31st March, 1997 and the Profit and Loss Account of the company for the year ended on that date and the report of the Board of Directors and auditors thereon.

2. To declare dividend.

3. To appoint a director in place of Shri K. L. Koul, who retires by rotation and being eligible offers himself for re-appointment.

4. To appoint Auditors and to fix their remuneration and for that purpose to pass the following Resolution as a Special Resolution :

"resolved that pursuant to Section 224a and other applicable provisions, if any, of the Companies Act, 1956 M/s Thakur Vaidynath Aiyar and Company, Chartered Accountants be and are hereby appointed Auditors of the Company to hold such office from the conclusion of this



































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