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2020 Supreme(Gau) 442

ACHINTYA MALLA BUJOR BARUA
Board Of Directors Of Fulara Chatala S S Ltd. – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
H.R.A. Choudhury, Advocate

JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. H.R.A. Choudhury, learned senior counsel for the petitioner. Also heard Mr. A. U. Ahmed, learned counsel for the Cooperation Department and Ms. M. Bhattacharjee, learned Additional Senior Govt. Advocate appearing for the Deputy Commissioner, Barpeta.

2. The petitioners are the Board of Directors of Fulara Chatala SS Ltd and Moinbari SS Ltd represented by their respective presidents.

3. The grievance raised by the petitioners in this petition is that because of the existing pandemic condition, the Board of Directors are unable to hold annual general meeting for election of the new Board of Directors, although they intend to do so.

4. We have taken note of that because of the prevailing condition, it may not be appropriate for the respondents in the Cooperation Department requiring the Board of Directors to hold the election and to that extent no permission has also been granted by the Cooperation Department requiring the petitioners to hold the AGM for the election and if even any such permission is there, a further question would remain as to whether in the present circumstance, such permission or direction can be allowed.

5. Be th

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