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2001 Supreme(Online)(Bom) 18

BOMBAY HIGH COURT
*A. P. Shah, S. A. Bobde, JJ.
CDS Financial Services (Mauritius) Limited v. BPL Communications Limited


Advocates:
For the Appellants/Petitioners: Mr. Chagla
For the Respondents: Mr. Chidambaram

Table of Content
1. background of the plaintiff's grievances. (Para 1 , 3 , 4)
2. development of the agreement leading to a merger. (Para 5 , 6 , 7)
3. legal arguments on 'undertaking' under s.293 of the companies act. (Para 9 , 30 , 31)
4. court's observations on good faith and shareholder involvement. (Para 10 , 12 , 21)
5. key legal principles regarding jurisdiction and rights of shareholders. (Para 14 , 34 , 41)
6. final decision on voting rights and injunction. (Para 48 , 56)

1. The appellant is the original plaintiff in the suit. The plaintiff is aggrieved by the impugned order passed by the learned single Judge declining to grant to the plaintiff an ad - interim order of injunction restraining defendant nos.1 to 8 and 13 to 17 from taking steps in implementation of the agreement dated 27.6.2001 without obtaining the approval of the shareholders of defendant no. 1 Company under S.293(1)(a) of the Companies Act and from giving effect to the Resolution dated 25.7.2001 passed by the Board of Directors pursuant to the said agreement and further from in any manner interfering with the exercise of voting rights by the plaintiff of its preference shares.

2. On the request of the learned c













































































































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