LAWS(NCLT)-2017-12-750

RAMPRASAD DALMIA Vs. BOARD OF DIRECTORS, MILKFOOD LIMITED

Decided On December 20, 2017
RAMPRASAD DALMIA Appellant
V/S
BOARD OF DIRECTORS, MILKFOOD LIMITED Respondents

JUDGEMENT

(1.) The matter was heard at the preliminary stage to find, if notice of the petition should be issued to the respondent. This petition has been filed under Sections 96-98, 101-102, 107 read with Sections 118 and 121 of the Companies Act, 2013 (for short to be referred here-in-after as the 'Act') . The petitioner is a shareholder of respondent company, which is a listed company incorporated with the Registrar of Companies, Punjab, having its registered office at Bahadurgarh, District Patiala, Punjab and therefore, the matter falls within the territorial jurisdiction of this Tribunal.

(2.) The authorised share capital of the company is Rs. 8,00,00,000/-divided into 75,00,000 equity shares of Rs. 10/- each and 50,000 preference shares of Rs. 100/- each. The issued capital of the company is Rs. 4,88,79,000/-divided into 48,87,890 equity shares. The petitioner holds 105 equity shares in this company.

(3.) The grievance of the petitioner company is the manner of holding of 44th Annual General Meeting (for brevity 'AGM') of the shareholders of the company. The meeting was scheduled to be held on 26.09.2017 and certain agenda items were to be placed in the AGM for approval, which are contained in the notice of the meeting Annexure P-3. The agenda to be discussed were as under:-