NTPC UP LIMITED Vs. SWADESH POLYTEX LIMITED

JUDGEMENT

(1.) This application has been filed by the plaintiffs-applicants to amend para-53 of the plaint by inserting paras-53 (A), (B), (C), (D), (E), (F), (G), (H) and (I), which are to the following effect |-

(2.) 53.A. That a notice for holding 27th AGM of the defendant No.1 company on 5.12.1997 was issued on 29.10.1997. The said notice of the AGM provided for the following in its agenda :- 3.Ordinary Business

(3.) 53.B. That on 5.12.1997 the AGM was called for wherein the plaintiffs demanded that a poll be held with respect to all the items on the agenda since they did not have any faith in the fair functioning of defendant No.6 as Chairman of the company. The plaintiffs also demanded that defendant No.5 be made a protem Chairman with respect to Item No.5.6 since it related to the re-appointment of Defendant No.6 himself who had the power of an casting vote in the situation.