ABDUL MOHIT Vs. SOCIAL INVESTMENT BANK LTD

JUDGEMENT

(1.) These appeals by leave arose out of the impugned judgment and order dated 11th December, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respondents to serve notice of Board meeting to the appellants-Directors in compliance of section 95 of the Companies Act, 1994 to enable the appellants to attend the meeting of the Board of Directors of the respondent no. 1 Social Investment Bank Ltd. The appeals involve same question of law on the self-same fact and disposed of by the same judgment by the High Court Division, and have been taken up together for hearing and accordingly, disposed of by this single judgment.

(2.) The facts relevant for disposal of these appeals are as under:-

(3.) In Matter No.78 of 2001 an application was filed tinder section 95 read with section 233 of the Companies Act for allowing the appellants to attend the meeting of the Board of Directors and in Matter No.86 of 2001 the application was filed under section 95 read with Article 72 of the Memorandum of Articles of Association.