LAWS(CAL)-2013-12-84

SAIBAL CHOUDHURY Vs. MAHABIR TEA ESTATE P. LTD.

Decided On December 04, 2013
Saibal Choudhury Appellant
V/S
Mahabir Tea Estate P. Ltd. Respondents

JUDGEMENT

(1.) IN this order, I am considering C.A. No. 106 of 2013 in connection with main C.P. No. 29 of 2013 moved under sections 397, 398, 399 and 403 of the Companies Act, 1956 ("the Act"). The brief averments and the challenges made in the application are as under:

(2.) IN response to the above averments made by the petitioners in the rejoinder affidavit, the respondents/applicants have submitted briefly as under:

(3.) IN course of the hearing of the instant application being C.A. No. 106 of 2013, learned counsel of the respondents had filed an affidavit affirmed on July 11, 2013, by respondents Nos. 2 and 3 wherein copies of written letters of consent of 17 equity shareholders of the company for donation of one acre of abandoned land to the Government of Tripura for Durga Chow -muhuni Sub -block as per request of B.D.O. in lieu of construction of box culvert near Mahabir Tea Factory have been enclosed. The said shareholders hold 69,100 equity shares in the company constituting 69.1 percent, of the share capital of the company.