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1997 Supreme(Del) 666

M.K.SHARMA
MOHAMMAD JAFAR – Appellant
Versus
NAHAR INDUSTRIAL ENTERPRISES LIMITED – Respondent


Advocates Appeared:
B.K.Mishra, EJAZ MAQBUL, P.K.GANGULY

Dr. M. K. Sharma, J.

( 1 ) THIS is an appeal filed by the appellant under Section 10-F of the Companies Act against the judgment and order dated 31. 5. 1996 passed by the Company Law Board, Northern Region Bench, New Delhi in Company Petition No. 449/17/95-CLB.

( 2 ) THE respondent Company presented a petition before the Company Law Board under Section 17 of the Companies Act, 1956 for confirmation of alteration of Clause (ii) of the Memorandum of Association of the Company for shifting the registered office of the Company from the National Capital Territory of Delhi to the State of Punjab as approved by special resolution passed at the Annual General Meeting held on 29. 9. 1995. The appellant is a member of the respondent Company holding 100 equity shares. He filed objections to the aforesaid petition filed by the respondent Company under Section 17 of the Companies Act. The Company Law Board heard the Counsel appearing for the petitioner as also for the Objector and the Assistant Registrar of Companies and thereafter rejected the objections filed by the appellant and confirmed the resolution relating to alteration in the Memorandum of Association of the respondent Company, subjec










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