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1992 Supreme(Del) 473

P.N.NAG
BM. L. GARG – Appellant
Versus
LLOYD INSULATIONS (INDIA) LIMITED – Respondent


Advocates Appeared:
A.S.CHANDHIOK, Amar Gupta, P.P.MALHOTRA, Pratima Malhotra, RAJIV MEHRA, VIRENDER GOSVAMI

P. N. Nag, J. (Oral)

( 1 ) THIS appeal has been filed by the appellant against the order dated 27th May, 1992, of Shri G. SJugti, Additional District Judge, Delhi, whereby the application of the petitioner Under Order 39 Rules 1 and 2 of the Code of Civil Procedure for reinstatement as Company Secretary has been dismissed.

( 2 ) THE brief facts are that the appellant was discharged from services by respondent No. 1 vide Resolution dated 26th July, 1991. According to him the Resolution of the Board of Directors dated 26th July, 1991, which purports to have discharged the petitioner from service is contrary to law and without jurisdiction and that the meeting was not convened according to the law and that the Board of Directors were not even served. Therefore, the said Resolution dated 26th July, 1991, according to him is a nullity in the eyes of law. According to the appellant/ plaintiff another resolution dated 24th August, 1991 has been passed by Board of Directors nullifying the earlier resolution dated 26th July, 1991, and as such he is entitled to continue as Company Secretary. Under these circumstances, the petitioner/appellant has filed the suit for declaration to the effect t















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