2018 (2) TMI 1328

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....lowing prayer: - (i) The notice of EGM proposed to be held on 7th October, 2017 be declared invalid, non-est and the same be set aside with direction to the respondents to refrain from holding the said EGM. (ii) Pending the hearing and final disposal of the present application, interim order directing stay on holding EGM to be held on 7th October, 2017 be passed. (iii) Such other/further order(s) be passed in the interest of justice. 02. On receipt of copy of the application, respondents filed their reply dated 5th October, 2017 denying the averments made in the application made by the petitioners. 03. Petitioners submitted that notice of the purposed EGM is not in accordance with law. Provisions of Section ....

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....ce on record. 05. On the other hand, respondents submitted that the notice of the proposed EGM and the corrigendum thereto, were served upon the applicants on 14th September, 2017 and 15th September, 2017 respectively. The proposed EGM is fixed for 7th October, 2017. The applicants have moved this application just two working days before the scheduled EGM so as to provide no reasonable time and opportunity to the respondents to deal with and respond to the present application. 06. Respondents further submitted that, they have filed one application before this Hon'ble Bench under Section 8 of the Arbitration and Conciliation Act, 1996 on 14th September, 2017 challenging the maintainability of the main Company Petition. The application ....