CANNANORE WHOLE BODY C T SCAN AND RESEARCH CENTRE PVT LTD Vs. MRS SAIBUNNISA S V

JUDGEMENT

(1.) THIS is an application filed under Section 167 of the Companies Act, 1956 (hereinafter referred to as "the Act"), by Cannanore Whole Body C. T. Scan and Research Centre Private Limited (hereinafter referred to as "the company") seeking directions of this Bench against the company to convene and hold the annual general meeting for the year 1996 for consideration and adaption of the balance-sheet as on March 31, 1996.

(2.) According to the company, the first annual meeting was held on September 29, 1995. The company had sent notices to its members convening the second annual general meeting for the year 1996 to consider the adoption of the balance-sheet and profit and loss account on September 5, 1996, at 2 p.m. at Kannur. Though the company made the arrangements for the annual general meeting, it could not be held on September 5, 1996, on account of the unruly behaviour of some of the members of the company and proxies present at the venue of the meeting. Consequently, the company could not hold the annual general meeting for the year 1996. Hence, this application.

(3.) WHILE the aforesaid application was pending, Shri K, Surendran Nayar, managing director of the company has filed an application, viz., C. A.No. 90 of 1997 for impleading him as a party in the main application filed under Section 167 of the Act, i.e., C. A.No. 129/167/SRB of 1997. This application is opposed by the respondents on the plea that the infirmity cannot be rectified by impleading the managing director, being a member of the company in the main application.