JOGIN DE ALIAS JOGINDRA NATH DE Vs. EASTERN INDIA MOTION PICTURE ASSOCIATION

JUDGEMENT

(1.) THE petitioner had filed the petition under Section 167 of the Act seeking for a direction on to M/s. Eastern India Motion Picture Association to convene the annual general meeting for the year 2006-07. This petition was mentioned on November 19, 2007. Since on an earlier occasion, for the annual general meeting for the year 2005-06, I had passed an order directing the company to convene the annual general meeting for the year 2005-06 within a period of 90 days and since the learned Counsel for both the sides agreed that a similar order could be passed, I passed an order on November 19, 2007, directing the company to hold the annual general meeting for the year 2006-07 within 90 days from November 20, 2007, and thus, disposed of the petition.

(2.) The company filed this application on December 10, 2007, seeking for vacation/recall of the said order on the ground that the due date for holding the annual general meeting had not expired since the company held the annual general meeting for the year 2005-06 only on April 17, 2007, and in terms of Section 166 of the Act, the company could hold the annual general meeting within a period of 15 months, i.e., before July 17, 2008.

(3.) SHRI Shuvasish Sen Gupta, advocate, appearing for the petitioner submitted that since the company has failed to comply with the direction of this Board to hold the annual general meeting within 90 days from the date of the order, in terms of Section 168 of the Act, the company and the directors, being liable for penal action due to non-compliance of the order of this Board, proper action should be taken against them in terms of that section. He further submitted that the petitioner should be given an opportunity to file reply to the application.