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2010 Supreme(Online)(KER) 20747

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, C.K. ABDUL REHIM, JJ
M/S ST MARY''S HOTELS (P) LTD & ANR – Appellant
Versus
T O ALEYAS & 7 OTHERS – Respondent


JUDGMENT

Pius C. Kuriakose, J The respondents in C.P.30/03 on the files of the Company Law Board, Additional Principal Bench, Chennai transferred to the Principal Bench, New Delhi, challenge in this appeal filed under Section 10-F of the Companies Act the order passed by the Company Law Board in C.A.1/10 which was an application for amendment of C.P. No.30/03. C.P. No.30/03 was filed by respondents 1 to 4 herein under Sections 397, 398 and 402 read with Section 111 of the Companies Act, 1956. The reliefs sought for in the C.P are as follows:-

a) To declare that the proceedings of the alleged Extraordinary General Meeting held on 25/04/2003 are invalid and the resolutions passed there on are fabricated and therefore null and void;

b) Declare that the notice convening the Board meeting purported to have been held on 03/06/2003 is invalid and any resolution purported to have been passed at the said meeting is null and void;

c) Declare that the notice purporting to convene the Extraordinary General meeting on

30/06/03 is invalid in law;

d) Declare that the transfer of shares from the second petitioner to the second respondent to the extent of 220000 purported to have been approved at the mee

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