1934 (1) TMI 17

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....n order that the Court do direct the calling of a general meeting of the company. The grounds for the application are a petition verified by the affidavit of Gobindalal Datta, who is described as a member of the board of directors of the company. In his petition, he states that the last balance-sheet of the company up to 31st March, 1932, was adopted at its general meeting held on 30th September i....

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....esult of which the accounts of the company could not be audited and the balance-sheet for the year ending 31st March, 1933, could not be prepared and that "in consequence thereof no annual general meeting for the adoption of any balance-sheet for the said year could be held as yet." It is then stated that the criminal proceedings terminated on 11th December, 1933, with the conviction of the for....

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.... undisguisedly said by learned counsel, who appears on behalf of the applicant is the object of this application, intended to enable the Court to make an order which will excuse the persons responsible from the consequences of their omission. What the petition says with regard to the balance-sheet, upon which learned counsel has laid considerable stress, has nothing to do with the matter. Possibly....

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....efault even if an order were made as desired. Take a case for which the section is obviously intended to provide, namely, where the directors, for reasons of their own, or it may be negligently or in furtherance of fraudulent dealing, fail to call a general meeting, and a shareholder considers it his business to take action under the section. In such case, could it be said that the persons respons....