- (1.) Ld. Counsel for the petitioners and the respondents as well as Ld. Counsel for the intervener are present.
(2.) Ca No. 437/KB/2017 has been filed by the petitioner with a prayer that suitable person be appointed as special officer to hold the meeting including notice to shareholders within such period as may be directed. Petitioner has filed the CA in compliance of our earlier order da ted 18/04/2017 whereby direction was issued to holding the AGM whereby permission was granted for holding the AGM within 30 days from the date of the order. It has been informed that against our said order appeal was filed before the Hon'ble NCLAT and the Hon'ble NCLAT rejected the appeal on 06/07/2017. In response to the CA R-l company has filed reply, which contains the notice at page 34, which shows that the notice for AGM dated 9/12/2017 has been issued but it appears that not in compliance of Section 101 of the Companies Act, 2013. Company is directed to issue fresh notice on the concerned person in compliance of Section 101 of the Companies Act, 2013 and hold AGM in accordance with law. Notice of AGM should be given to the existing shareholders whose name are in the register of the company.
(3.) Ca is disposed of accordingly.;