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2007 Supreme(Mad) 87

M.THANIKACHALAM
N. Sankara Narayanan – Appellant
Versus
Aruna Theatres & Enterprises Private Limited, Chennai and Others – Respondent


Advocates Appeared:
A. Venkataseshan, for Applicant.
P.H. Arvindh Pandian, for Respondents.

Judgment :

M. THANIKACHALAM, J.

The applicant, as plaintiff, has filed the suit for declaration, that the notice dated 8.12.2006 issued in the name of defendants 5 to 30, convening an Extraordinary General Meeting of the first respondent/first defendant-company on 5.1.2007 at 10.30 a.m., at No.3, Ashok Pillar Road, Ashok Nagar,Chennai - 600 083 (Udhayam Complex) is illegal, invalid and ultra vires and for consequential permanent injunction restraining the defendants 5 to 30 from holding the Extraordinary General Meeting of the company on5.1.2007 or on any other subsequent date, in which this application has been filed, seeking an order of interim injunction, till the disposal of the suit.

2. The applicant would state, in his elaborate affidavit, that the attempt on the part of the respondents 5 to 30, to hold an Extraordinary General Meeting on 5.1.2007, is not only illegal, but also mala fide and is an wholesome effort to appoint respondents 6 to 9 as Directors, after removing respondents 2 to 4 from the office of the Directors. It is further alleged that the Directors were mismanaging the affairs of the company, because of their mal-administration and that if the proposed Extraor





























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