( 1 ) THIS is an application under Sections 153c and 153d recently inserted in the Companies Act (7 of 1913) by the amending Act (52 of 1951 ). The petitioners are two share-holders in the Amrit banaspati Company Limited, Ghaziabad, here-after described, for brevitys sake, as the company. They have made various allegations of mismanagement and foul play against the company, its Directors and Managing Agents. But it is unnecessary to go into those allegations at this stage because a preliminary objection has been taken by the learned counsel for the opposite parties and the petition fails, in my opinion, on that preliminary ground alone.

( 2 ) IT is contended on behalf of the opposite parties that the requirements of Sub-section (3) of section 153c have not been complied with. The relevant portion of this sub-section reads as follows :

" (3) No application under Sub-section (1) shall be made by any member, unless- (a) in the case of a company having a share capital, the member complaining- (i) has obtained the consent in writing of not less than one hundred in number of the members of the company or not less than one-tenth in number of the members, whichever is le