MALVIKA APPARELS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition for quashing of the notice dated 2.8.2002 issued by respondent No.2 on the ground that it does not conform to Section 169 of Companies Act and does not cover the agenda for which the extraordinary general body meeting was called.

(2.) Grievance of the petitioner is that the petitioners had sent a requisition under Section 169 of the Companies Act (hereinafter referred to as the Act), requiring certain issues, which are listed in para 27. The same is reproduced as under:

(3.) Learned counsel for the petitioner submits that the action of the Apparel Export Promotion Council i.e. AEPC in not listing these items in the agenda of the extraordinary General Meeting scheduled for 29.8.2002, was arbitrary and illegal. When this petition had first come up for admission before the Bench on 20.8.2002, learned counsel for the parties were required to address the court on whether the petitioner could not avail the alternative efficacious remedy under Section 186 of the Companies Act.