TaxTMI 
TaxTMI 
2017 (7) TMI 1413
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....ital of the plaintiff company is as follows and the same is held either by family members in their individual names or by companies formed by family members. 1. Yennarkay Ravindran Family (34% shares) 2. Arunachalam Nadar of Pioneer Group (33% shares) 3. Chelladurai Nadar of Bell group (33% shares) Each family represented through three Directors each. During 2011, two Directors namely, Mr. C. Subhasingh and Mr. C. Rajasingh representing Bell Group of Companies started functioning disadvantage to the plaintiff company affecting the business of the plaintiff company, so they were not elected after 2013. In that place, the Bell Groups of Company is now represented by Mr. C. Vijayasingh and Mr. C. Rajendrasingh. ....
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....l the internal dispute of the first defendant is settled amicably and costs of the suit. 6. The cause of action as found in the plaint is as under: "The cause of action arose for the above suit, when the first defendant gave request dated 27.09.2016 and 08.10.2016 for conducting EGM of M/s Standard Fireworks (P) Ltd., to fulfill his malafide intention". 7. On receipt of the suit notice, the defendants have filed I.A. No. 1080 of 2016 under Order VII, Rule 11 of C.P.C., to reject the plaint on the ground that Civil Court jurisdiction is ousted by virtue of Section 430 of Companies Act, 2013(in short "the Act"). The Trial Court, has dismissed the I.A.No.1080 of 2016 for the following reason: "On a bare perusal of this ....
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....13 lays down the procedure to be adopted to call for EGM by the Board. In case of any breach or violation, by virtue of the supervisory power conferred under Section 98 of the Act, the Tribunal either suo motu or on application can call for meeting of members. Member aggrieved by the decision of the EGM or the manner it was convened can challenge it before the Tribunal under Section 242 of the Act. Such power is exclusively conferred to Tribunal under Section 98 and 242 of the Act. In this case, the plaintiff company right to seek redressal is very well taken care by the statute under Section 242 of the Act. 10. Since this Court has dealt with the facts, law and submissions of respective counsels in detail in the connected C.R.P.No.8709 ....
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....ed time limit and default in convening AGM beyond the prescribed period will invite consequences and in default in convening the AGM, the Tribunal has power to call for AGM under Section 97 of the Act. Similarly, under Section 98 of the Act, the Tribunal is empowered to call for any other meeting other than AGM which includes EGM either suo motu or an application of any Director or members of the Company, who would be entitled to vote at the meeting. Section 100 of the Act prescribed the procedure how EGM should be conducted by the Board and under Section 100 (4) of the Act, if the Board fails to convene EGM within 21 days from the date of receipt of valid requisition in regard to any matter, the requisitonists themselves can convene EGM wi....