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 (i) to exempt the applicant -company from circulating, publishing or reading out at its annual general meeting proposed to be held on July 27, 2007, the notice of the respondent dated February 21, 2009, issued under Section 284 and the explanatory statement dated February 24, 2009, thereto and (ii) to restrain the respondent from abusing the powers conferred under Section 284 by issuing any further notice for removal of any director of the company, for among other reasons, as reiterated by Shri R. Murari, learned Counsel, here below :

(2.) WHEN Shri R. Murari, learned Counsel mentioned the company application on May 8, 2009, for an ex parte interim order, restraining the applicant -company from abusing the powers under Section 284 of the Act, this Bench by an order dated May 8, 2009, directed the applicant -company to serve forthwith a copy of the company application on the respondent, so as to file his reply on the interim prayer by May 15, 2009. The matter was fixed for hearing on May 19, 2009, at 2.30 p.m., for appropriate directions. The respondent in terms of the directions of May 8, 2009, filed his written arguments instead of reply, which have been taken on record and thereafter proceeded with the matter in accordance with law. The stand of the respondent is thus: