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    <title>2015 (6) TMI 707 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=260782</link>
    <description>The articles were construed to preserve the promoter nomination rights in favour of the deceased promoter&#039;s successors, legal representatives and assigns, because those rights were embedded in shareholding and were not merely personal. The court treated the right to recommend directors as a substantive right to nominate, but one that had to be exercised jointly by the two promoter groups and not unilaterally. Appointments made on a unilateral basis, including related board and office-holder changes, were held ultra vires, while the challenge to the managing director and chief executive officer&#039;s continuation was not accepted at the interim stage. No reserved personal board seat was recognised, but declassification of the plaintiffs&#039; promoter status was restrained.</description>
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    <pubDate>Thu, 04 Jun 2015 00:00:00 +0530</pubDate>
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      <title>2015 (6) TMI 707 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=260782</link>
      <description>The articles were construed to preserve the promoter nomination rights in favour of the deceased promoter&#039;s successors, legal representatives and assigns, because those rights were embedded in shareholding and were not merely personal. The court treated the right to recommend directors as a substantive right to nominate, but one that had to be exercised jointly by the two promoter groups and not unilaterally. Appointments made on a unilateral basis, including related board and office-holder changes, were held ultra vires, while the challenge to the managing director and chief executive officer&#039;s continuation was not accepted at the interim stage. No reserved personal board seat was recognised, but declassification of the plaintiffs&#039; promoter status was restrained.</description>
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      <pubDate>Thu, 04 Jun 2015 00:00:00 +0530</pubDate>
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