2013 (3) TMI 462

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....holders and directors of respondent company, filed this petition under section 167 of the Companies Act, 1956 (the Act), seeking directions upon the company for calling and holding the Annual General Meetings (AGMs) for the financial years ended 31.03.2009, 31.03-2010 and 31.03.2011, to conduct ordinary business. Ancillary directions for holding such AGM's have also been sought for. 2. Ld. Coun....

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....sued default notices being dated 09.08.2010 and 18.03,2011 for non-filing of annual accounts, annual returns, non-laying of AGMs for the years ended 31.03.2009 and 31.03.2010. Apprehending that ROC may initiate proceedings for such defaults, the Petitioners filed a petition under .sub-section (2) of section 633 of the Act before Hon'ble High Court at Calcutta seeking reliefs or exoneration of the ....

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.... per his records, the company has filed its last Balance Sheet, as on 31.03.2007 and Annual Return for the said year, on 10.12.2007 and the Annual Return for the year 31.03.2008, on 05.11.2008. 6. Heard the learned Counsel representing petitioners. On perusal of the materials placed before this Bench, it is noticed that the company defaulted in holding AGMs for the years' ended 31.03.2009, 31.0....

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.... company and also its members. 7. In the facts and circumstances of the case, the respondent-company is directed to call and hold the Annual General Meetings for the years ended 31.03.2009, 31.03.2020 and 31.03.2011, within 31.08.2012, in accordance with the provisions of the Articles of Association, to conduct the ordinary business of the company. 8. As agreed to by the petitioners, Shri C.....