K.K.BALU
V. S. Krishnan – Appellant
Versus
Westfort Hi-Tech Hospital Limited – Respondent
1. The petitioners collectively holding in excess of one-tenth of the issued share capital of M/s. Westfort Hi-Tech Hospital Limited ("the Company") and aggrieved on account of a series of purported acts of oppression and mismanagement in the affairs of the Company, namely, illegal (a) convening of the eleventh annual general meeting; (b) issuance of further shares on rights basis; (c) exclusion of the petitioners from the office of directors; (d) election of the respondent Nos. 16 to 24, as directors; (e) transfer of shares; and (f) breach of fiduciary duties by the respondent Nos. 2 and 3 towards the Company as directors; (g) manipulation of minutes of the meetings and other records; (h) statutory violations: (i) irregularities in relation to the Investigation Centre in the hospital premises of the Company etc., invoked the provisions of sections 397 and 398 of the Companies Act, 1956 ("the Act") seeking the following reliefs:—
(i)to appoint an Administrator for—
(a)regulating the future affairs of the Company;
(b)leasing/licensing the area earmarked for the Investigation Centre: and
(c)realizing the outstanding amounts due from the respondent Nos. 2 to 4, 22 and 23 in respect o
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