WIPRO LTD. Vs. ANIL KUMAR PODDAR

JUDGEMENT

(1.) IN this company application filed under Section 284(4) of the Companies Act, 1956 ("the Act"), the applicant -company is seeking, inter alia (i) exemption from circulating, publishing, in any manner or reading out at the forthcoming annual general meeting of the applicant -company which is likely to be held on July 2.2, 2010, the notice of the respondent under Section 284 received by e -mail dated May 30, 2010 and the explanation given therefor; and (ii) direction to the respondent to refrain from misusing and abusing the powers conferred under Section 284 from issuing any further notice for removal of any director of the applicant - company, Shri R. Murari, learned Counsel, for the applicant submitted that:

(2.) WHEN Shri R. Murari, learned Counsel mentioned the company application on June 11, 2010, for an ex parte interim order, restraining the respondent from abusing the power under Section 284 of the Act, this Bench by an order dated June 11, 2010, directed the applicant -company to serve forthwith a copy of the order dated June 11, 2010, to the respondent to enable to file his reply and the matter was fixed for hearing on June 18, 2010, for appropriate directions. The respondent filed his written arguments dated June 16, 2010, initially by fax on June 16, 2010 and by post on June 17, 2010. In his written argument the respondent submitted amongst other things that:

(3.) IN view of the foregoing conclusions and in exercise of the power under provision to Sub -section (4) of Section 284 of the Act, the applicant -company is exempted from circulating, publishing, in any manner or reading out at the forthcoming annual general meeting of the applicant -company which is likely to be held on July 22, 2010, the notice of the respondent under Section 284 received by e -mail dated May 30, 2010 and the explanation given therewith. Ordered accordingly.