MYLAVARAPU RAMAKRISHNA RAO Vs. MOTHEY KRISHNA RAO

JUDGEMENT

(1.) The applicant claims to be the Secretary and Treasurer of Sri Krishna Jute Mills, Ltd., Ellore. He is admittedly a shareholder in that Company, as also is the respondent. The respondent was admittedly the Secretary and Treasurer of the Company until the 16th April, 1945. He claims still to be the Secretary and Treasurer, but the applicant claims that he has a better right to those offices and that would appear to be the real substance of the dispute between these two gentlemen. It is common ground that the Secretary and Treasurer of this Company is also a director of the Company ex-offices.

(2.) The applicant s grievance arises in the following circumstances :--He claims that a requisition signed by no shareholders including himself for the holding of an extraordinary general meeting of the Company to consider certain proposals was disregarded by the Directors of the Company. That requisition is stated to have been deposited in the office of the Company on the 30th Jam arty, 1945, and, according to the applicant, it was the respondent as the Secretary and Treasurer of the Company, who was responsible for the decision to disregard that requisition. I understand that the proposals, which the requisitions desired to have considered, were, inter alia, concerned with a change in the incumbent of the post of Secretary and Treasurer. Also, I understand, that the proposals concerned a change in the personnel of the Board of Directors.

(3.) As the requisition for an extraordinary general meeting to consider these proposals was disregarded, it is said that ,the requisitions decided to hold the meeting on their own. The applicant claims that they gave sufficient notice to all the shareholders of the Company, and that the meeting duly took place on 16th April, 1945. That meeting, it is said, had to be arranged outside the Company s premises on account of the alleged refusal of the respondent to permit the meeting to be held there. It is said that the respondent also refused to hand over the minute books, etc., of the Company for use at that meeting.