GOPAL VYAS Vs. SINCLAIR HOTELS AND TRANSPORTATION LTD

JUDGEMENT

(1.) The only point which calls far consideration in this application arises under the following facts and circumstances.

(2.) The petitioner Gopal Vyas filed a suit under Order 1 Rule 8 of the Civil Procedure Code. In the said suit the petitioner moved an application before Mr. Justice R. N. Pyne (as His Lordship then was) whereupon the learned Judge directed that the Annual General Meeting of the Company Sinclair Hotels & Transportation Ltd. be held under the chairmanship of a member of the Bar but for adjournments of the same until further orders. The petitioner being aggrieved thereby preferred this appeal apart from the usual prayers the petitioner prayed for an order directing the Company to hold the 14th Annual General Meeting and at such meeting to consider the notices and the proposal made by the petitioner under Section 257 of the Companies Act.

(3.) The petitioner Gopal Vyas proposed the candidature of one Navin Chand Suchanti for the office of a director of the respondent No. 1 at such Annual General Meeting. The petitioner had given a notice under Section 257 of the Companies Act, 1956. The petitioner contended that the Company was under an obligation to inform its members of such proposal made by the petitioner at such Annual General Meeting due to be held on 29th December, 1986. But the Company being the respondent No. 1 herein according to the petitioner wrongfully refused to comply with the said proposal on the alleged ground of non-compliance of the provisions of Section 188 of the Companies Act.