LAWS(CAL)-1971-9-2

SITARAM JAIPURIA Vs. BANWARILAL JAIPURIA

Decided On September 17, 1971
SITARAM JAIPURIA Appellant
V/S
BANWARILAL JAIPURIA Respondents

JUDGEMENT

(1.) This is an appeal from an interlocutory order of S.K. Mukherjea, J., dated the 16th March, 1971.

(2.) This was an application in a representative action by a shareholder for an injunction restraining the company, Swadeshi Cotton Mills Ltd. and its directors from holding any meeting pursuant to a notice dated September 14, 1970 or from passing any of the resolutions set out in the said notice, or from Riving effect to the resolutions, if passed. This notice dated Sep. 14, 1970 was accompanied by an explanatory statement under Section 173 (2) of the Companies Act. On the 12th Oct., 1970, the said resolution was unanimously passed by a general meeting held in pursuance of the said notice.

(3.) The notice and the explanatory statement are challenged in the petition on the three following grounds: