SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

COMPANY LAW BOARD
K.K. BALU, J.
Sterlite Industries (I) Ltd. -Appellant
Versus
Anil Kumar Poddar -Respondent
C.P. No. 602 of 2009
Decided On : 17-06-2009

Advocates Appeared:
T. Poornam, B. Giridhara Rao

ORDER

1. The Petitioner, namely, M/s Sterlite Industries (I) Limited, has filed the present Company Petition on 23.04.2009 under section 284(4) of the Companies Act, ("the Act"), for exempting the Petitioner-Company from publishing, notifying, circulating or proposing at the forth coming annual general meeting, the special notice dated 24.02.2009 issued by the respondent under section 284 of the Act, for removal of Navin Kumar Agarwal, Executive Vice-Chairman of the Company, for the reasons elaborated therein and further urged for an-interim order of permanent injunction restraining the respondent from misusing or abusing the powers vested in section 284 of the Act by issuing special notice for removal of any director of the Petitioner-Company. The Petitioner-Company forwarded copies of the Company Petition and the enclosures thereto to the respondent on 21.04.2009 by registered post with acknowledgement due, as borne out by the communication dated 27.04.2009 of the Petitioner-Company. When the Company Petition was mentioned by Shri T. Poornam, learned Counsel on 24.04.2009, seeking the interim relief, as claimed in the Company Petition, this Bench ordered notice to the respondent, affording due opportunity to file reply by 29.05.2009, upon which the Petitioner-Company was required to file rejoinder by 15.06.2009. The matter was fixed for hearing on 17.06.2009 at 2.30 PM. The Petitioner-Company was directed to serve a copy of the order on the respondent to ensure necessary compliance in the matter, which is found to be duly complied with in terms of the communications dated 27.04.2009 and 30.04.2009 of the Petitioner-Company sent by registered post with acknowledgement due. A copy of the Company Petition was reportedly once again sent on 27.04.2009 to the respondent by the Petitioner-Company. The original postal acknowledgements evidencing proper service of the aforesaid communications are produced before the Bench. When the petition came up for hearing on 17.06.2009 the respondent neither appeared nor filed any reply, inspite of the sufficient opportunity afforded by the Bench. There is utmost urgency in deciding the issue before me, in view of the impending annual general meeting proposed by the Petitioner-Company. Nevertheless, there was no response whatsoever from the respondent and, therefore, I am constrained to set the respondent ex-parte and consequently, with a view to meet the ends of justice, the Petitioner-Company is exempted from publishing, notifying, circulating or proposing at its forthcoming annual general meeting, the special notice dated 24.02.2009 issued by the respondent, under section 284 of the Act for removal of Navin Kumar Agarwal, Executive Vice-Chairman of the Petitioner-Company. Ordered accordingly.

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top