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2003 Supreme(Mad) 1943

S.SIRPURKAR, N.KANNADASAN
K. S. Sundaram – Appellant
Versus
Union of India & Others – Respondent


Advocates Appeared:For The Petitioner:Harikrishnan, Senior Counsel. For The Respondents:R1 T. Arunan, A.C.G.S.C., R2 Dulip Singh, Advocate for M/s. King and Partrige,R3 N.G.R. Prasad, Advocate.

Judgment :-

The appellant/petitioner challenges the judgment of the learned single Judge, dismissing the writ petition, challenging the order dated 21-6-1990 passed by the Union of India, first respondent herein, (in short the "Government") whereby the Government refused to grant approval to the appointment of the appellant as the Chairman and Managing Director of the second respondent company (in short "the company").

2. On 2-6-1988, a resolution came to be passed in the Annual General Meeting of the company, appointing the appellant as the Chairman and Managing Director with effect from 14-7-1988 upto 13-7-1992, i.e. for a period of four years. He was to get the remuneration of Rs.7500/- per month in addition to 1% commission on the net profits of the company and other perquisites. As per the amended provisions of Sec.269 of the Companies Act, which amendment came into force from 1-6-1988, an application dated 19-7-1988 came to be made for approval under that section.

2.1. The Government called for some particulars from the company,which were duly furnished. Thereafter, by communication dated 19-3-1990, the company as also the appellant were called upon to show cause within thirt
















































































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