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2008 Supreme(Mad) 3211

PRABHA SRIDEVAN, V.PERIYA KARUPPIAH
Tamil Nadu Mercantile Bank Share Holders Welfare Association & Another – Appellant
Versus
Reserve Bank of India, Fort Glacis, Rajaji Salai & Others – Respondent


Advocates Appeared:
For the Petitioners:K.M. Vijayan, Senior Counsel, S. Thankasivam, Advocate.
For the Respondents:A.L. Somayaji, Senior Counsel, (R-2), R. Sankarayanarayanan, M.S. Krishnan, Senior Counsel, (R-14), Sarvabhauman Associates, Aravind P. Dattar, Senior Counsel, (RR-10 & 18), S. Shyam Kumar, R. Murari, Advocate.

Judgment :-

Prabha Sridevan, J.

1. The second respondent-Tamilnad Mercantile Bank was established by the Nadar Community. During the period between 1996 to 2003, the Annual General Meetings could not be held because of an impasse created by the refusal of the Reserve Bank of India to approve the transfer of shares by shareholders. On 110. 2003, the Company Law Board directed that the Annual General Meeting of seven years from 1996 to 2003 be held. The Meetings were held. The new Board of Directors assumed charge. This gave rise to objections which were rejected by the Company Law Board. The 82nd Annual General Meeting was scheduled to be held on 212. 2004. One day before that, the appellants herein filed C.S. No.981 of 2004 for an injunction restraining the defendants, their men or servants or any other person claiming under them from preventing the members whose names are registered in the Register of Members of the Tamilnad Mercantile Bank Limited or their duly authorized proxies from participating and exercising their voting rights in the forthcoming Annual General Meeting dated 212. 2004.

2. On 7. 2006, in Application No.1979 of 2006 filed for rejection of plaint, an order was















































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