IJM (INDIA) INFRASTRUCTURE LTD Vs. SWARNANDHRA IJMII INTEGRATED TOWNSHIP DEVELOPMENT CO PVT LTD AND ORS

JUDGEMENT

(1.) The Company Application bearing No. 2/167/2014 was initially filed in the then Hon'ble Company Law Board, Chennai. Upon the constitution of NCLT Bench, at Hyderabad for the States of Andhra Pradesh and Telangana, the case was transferred to this Bench as it falls under the jurisdiction of this Bench. The case is re-numbered as TP No. 152/HDB/2016.

(2.) The Company Application was filed by IJM (India) Infrastructure Limited (herein after referred to as the applicant/IJMII), under sections 167 of the Companies Act, 1956 by inter-alia seeking a direction to excuse it for default in holding 9th Annual General Meeting (AGM) and, to direct the first respondent company (Swarnandhra IJMII Integrated Township Development Company Private Limited (SITCO) to hold its 9th AGM on a suitable date within 30 days from the date of the receipt the copy of the order without prejudice to the rights or otherwise of APHB and the applicant under the DSA or under any Law; to direct that one member of the company present in person or by proxy shall be deemed to constitute a meeting with other incidental directions as deem fit by the Board.

(3.) The brief facts as set out in the company application basing on the material papers filed in support by the applicant are as follows: