2021 (5) TMI 818

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.... Mr. Sreekumar Sreepadam, who is Petitioner in the Company Petition No. 51/KOB/2020 and CA/05/KOB/2021 has been filed by Mr. P.P. Madhusoodhanan who is Petitioner in CP/50/KOB/2020. In both these cases, same reliefs have been sought as under:- (i) To amend the Company Petition by incorporating the following: (a) After Para 19 following may be added: "Failure to obtain the authorization to amend Articles of Association and obtain exemption from the applicability of the mandatory statutory provisions. (As para 19(a) the amendments to be made has been detailed) (b) In the prayer portion the following may be added after prayer (b) b(i) Declare that respondents 2 to 5 cannot contest the ensui....

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.... of Company Affairs dated 20th August, 1974, which has been passed exercising its power under Section 25(b) of the Companies Act granting exemption to SNDP Yogam from the provisions of Section 172(2), 219 and Article 14 of the Table C of Schedule I of the said Act subject to certain conditions stated therein. This exemption was passed pursuant to a direction of the Hon'ble High Court in the matter of PC Aravindan Vs. M.A. Kesavan. It is further stated that the Yogam continued to be governed by the Companies Act, 1956 till 23.8.2005. During 1956 the membership of Yogam increased to 60000. Hence it was very difficult to convene a general body meeting after giving notice to all members giving voting right. Hence for every 100 members a rep....

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.... as contract signed by each member and company. Hence no exemption order is necessary from the State Government from applicability of Section 101(3), Section 136 and Article 10 of Table H of the Schedule I of the Companies Act. 6. The respondents have also filed an additional counter affidavit reiterating their contentions in the counter affidavit. They had also brought to the notice of this Tribunal a decision in OS No. 45 of 1999 filed before the District Court, Ernakulam by G. Krishnamoorthy and 5 others against SNDP Yogam for disqualification of the then office bearers. The suit was dismissed holding that Yogam is having 22 lakh members, therefore it is not possible to convene a general meeting of all the members of the 1st defendant....