NIZAMABAD CORN PRODUCTS P LTD Vs. YASUDEV DALIA
LAWS(APH)-1992-8-25
HIGH COURT OF ANDHRA PRADESH
Decided on August 28,1992

NIZAMABAD CORN PRODUCTS (P) LTD. Appellant
VERSUS
VASUDEV DALIA Respondents





Cited Judgements :-

K K MAHESHWARI VS. ROCKHARD BUILDING MATERIALS LTD [LAWS(APH)-1993-7-17] [REFERRED TO]
TEJ PRAKASH S DANGI VS. CORAMANDAL PHARMACEUTICALS LIMITED [LAWS(APH)-1996-10-87] [REFERRED TO]
K RADHAKRISHNAN VS. THIRUMANI ASPHALTS AND FELTS P LTD [LAWS(MAD)-1996-7-7] [REFERRED TO]
VAZHAPADI TEXTILES P LTD VS. DURAI [LAWS(MAD)-1997-10-22] [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal preferred by the defendants aggrieved by the order of temporary injunction restraining them from giving effect to the resolutions passed at the 4th Annual General Meeting and the Board Meeting held on 30-4-1992 removing the respondent-plaintiff from the director-ship of the 1st defendant company.
(2.)The suit is filed for a declaration that the resolutions removing the respondent-plaintiff as a director of the 1st defendant company and the other resolutions passed in the 4th Annual General Meeting and the Board of Directors meeting held on 30-4-92 are illegal and void and for a permanent injunction restraining the defendants from interfering with the rights of the plamtiff as a director of the first defendant-company and other reliefs.
(3.)The learned counsel for the appellants argued that the Company was incorporated in November 1987; that the plaintiff was one of the Directors of the company; that by reason of his being absent for five consecutive meetings of the Board of Directors by virtue of Section 283 (l) (g) of the Companies Act (hereinafter referred to as an 'Act') the office of the Director has fallen vacant and by means of resolution passed in the Annual General Meeting held on 30-4-92 that fact was communicated to the plaintiff. He further argued that the learned Additional District Judge acting as the Vacation Civil Judge has passed the impugned order mis-interpreting the provisions of Section 283(l)(g) of the Act and that there is no need for passing any resolution removing the plaintiff as a director of the company.
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