N C BAKSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners who are two in number, claiming to be members of respondent No. 3 Cricket Association, seek quashing of Approval under Section 25(8) of Companies Act, 1956 for alteration of Articles of Association of respondent No. 3 granted on 17 th November, 2009 (Annexure-N) and a mandamus to first two respondents to grant fair hearing to petitioners and to dispose of their Representation of 16 th April, 2009 (Annexure-E Colly) alleging that alteration in the Articles of Association is contrary to provisions of the Companies Act, 1956.

(2.) Petitioners assert that respondent No. 3 Association is a company incorporated under the Companies Act, 1956 and was granted a license under Section 25 of the Companies Act, 1956 in the year 1985 and as per the license condition, no alteration can be made in Memorandum of Association or in Articles of Association unless the alteration has been previously submitted to and approved by the Central Government.

(3.) Though the alterations made in Articles of Association through a special Resolution in the Annual General Meeting of 20 th March, 2009, has been accorded Approval vide impugned Communication (Annexure-N) by the Competent Authority, i.e., second respondent but the grievance of petitioners herein is that the impugned Approval has been granted without considering petitioners' detailed Representation (Annexure-E). To substantiate it, attention of this Court has been drawn to Information of 6 th May, 2009 (Annexure-G) obtained under The Right to Information Act, 2005, (hereinafter referred to as "RTI Act') disclosing no application under Section 25(8) of Companies Act, 1956 had been received from respondent No. 3 till date and another Information of 8 th September, 2009 (Annexure-I), obtained under "RTI Act', disclosing that application under Section 25(8) of Companies Act, 1956 of respondent No. 3 is pending and through Information of 24 th November, 2009 (Annexure-M) obtained under "RTI Act' petitioner had learnt about the grant of approval to the alteration made in the Articles of Association by third respondent.