https://www.taxtmi.com/caselaws?id=257528 Section 284 of the Companies Act, 1956, governing removal of directors, prevails over conflicting restrictions in a company's articles of association through the overriding effect of Section 9. Accordingly, a provision requiring affirmative votes of specified shareholders could not invalidate EGM resolutions concerning director removal. The EGM results recorded in the chairman's report bound the respondents, and the petitioner could pursue their enforcement through legal means. Allegations of oppression, mismanagement, fund diversion and disputed shareholding required detailed inquiry and were more appropriately addressed under Sections 397 and 398. The winding-up petition under Section 433(f) was therefore rejected as not maintainable. en-us Tue, 20 May 2014 00:00:00 +0530 Sun, 15 Mar 2015 11:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=257528 Section 284 of the Companies Act, 1956, governing removal of directors, prevails over conflicting restrictions in a company's articles of association through the overriding effect of Section 9. Accordingly, a provision requiring affirmative votes of specified shareholders could not invalidate EGM resolutions concerning director removal. The EGM results recorded in the chairman's report bound the respondents, and the petitioner could pursue their enforcement through legal means. Allegations of oppression, mismanagement, fund diversion and disputed shareholding required detailed inquiry and were more appropriately addressed under Sections 397 and 398. The winding-up petition under Section 433(f) was therefore rejected as not maintainable. Case-Laws Companies Law Tue, 20 May 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=257528