1976 (5) TMI 108

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....J. 1. Prayer has been made in this petition to the following effect; 2. The election held on September 8, 1975, be declared illegal and void being against the provisions of the Companies Act, 1956, and the memorandum and articles of association of the company. In Panipat Woollen and General Mills Co. Ltd. v R.L. Kaushik [1969] 39 Comp Cas 249 P.O. Pandit J., under similar circumstances, held tha....

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....was one of the directors, there is no provision which bars the civil court either expressly or by implication from trying such a suit. The memorandum of association of a company provided for the retirement of one-third of the directors at the annual general meeting and fresh elections to fill the vacancies. The directors who had to retire were those who had been in office for the longest period ....