- (1.) By consent of parties. Civil No. 2387 of 1980 is placed on Board and called out for hearing along with Civil Miscellaneous Petition No. 11082 of 1981.
(2.) Appellant in this appeal made an application under S. 397 and 398 of the Companies Act, 1956 for certain reliefs in the High court of Madras. In this petition, Application No. 1790 of 1980 was filed by the appellant under S. 403 of the Companies Act, 1956 praying for certain directions inter alia that the India Cements Limited, a company, do convene an ordinary general meeting for consideration, amongst others, of a resolution to appoint Shri Balan as Director and Managing Director of the Company and for the aforesaid purpose to pass a special resolution for amending Article 165 of the Articles of Association of the Company. The learned Single Judge gave a direction that the general meeting now to be convened on 26/09/1980 shall proceed to consider amongst others the aforementioned items of the Agenda notwithstanding any orders of injunction or stay or directions received from any of the civil courts subordinate to the Madras High court.
(3.) Respondents 1 to 3 preferred O. S. Appeal No. 82 of 1980 for setting aside the direction given by the learned Single Judge. Civil Miscellaneous Petition No. 9782 of 1980 was moved in that appeal for stay of the operation of the interim order made by the learned Single Judge on 25/09/1980. The division bench of the High court granted the stay prayed for. The present appeal is preferred challenging the order of the division bench granting stay of order in appeal before it.;