Sanjeev Sachdeva, J.

IA No. 971/2017

1. This is an application on behalf of the plaintiffs under Order VI Rule 17 of the Code of Civil Procedure seeking amendment of the plaint.

2. The plaintiffs are shareholders in the defendant No.2 Company. Defendant No.1 is also a shareholder of the defendant No.2 Company.

3. It is the case of the plaintiffs that the defendant No.1 has retired as a Director of the defendant No.2 Company by the operation of the rule of retirement by rotation.

4. As per the plaintiffs, the 71st Annual General Meeting of the defendant No.2 Company was scheduled on 27.10.2016. The meeting could not be concluded. Thereafter, the meeting was reconvened to 19.11.2016. As per the plaintiffs, the meeting of 19.11.2016 was concluded. It is the case of the plaintiffs that the defendant No.1 did not offer himself for being reappointed as a Director either in the meeting scheduled on 24.10.2016 or in the reconvened meeting on 27.10.2016.

5. As per the Defendants, the meeting was concluded on 27.10.2016.

6. The case of the plaintiffs is that the defendant No.1 did not offer himself for being reappointed as a Director either in the meeting held on 24.09.2016 or in the reco