2004 (11) TMI 172

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(J) (Oral)]. - This application, filed one by Shri T.R. Thyagarajan Mudaliar claiming to be duly authorised to represent the appellant-company viz. Sri Chandra Tobacco Ltd., seeks restoration of the captioned appeal which was dismissed by this Bench on 20-7-2001 vide final order No. 1182/2001 reported in 2002 (142) E.L.T. 66. This matter stood adjourned from time to time at the instance of the app....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cation to be summarily dismissed as not maintainable. 2. After examining the past record of proceedings in this application, we are not inclined to allow any further adjournment. It was for filing some documents that the last adjournment was obtained by the party. No document has been filed by them, nor have they sought further time for the purpose. On the other hand, Counsel has sought further....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lution passed by the Board of Directors of the Company which reads as under : "Resolved that Shri Thyaga Rajan Mudaliar Rajbhadur, be and is hereby appointed as an Additional Director of the Company". The above resolution was passed on 5-6-2000. It did not specifically authorise Shri Thyaga Rajan Mudaliar to represent the Company in legal proceedings, nor did the Companies Act enable such an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rd by the Article". It is clear from the above provision that an Additional Director appointed by the Board of Directors shall hold office only up to the date of the next Annual General Meeting of the Company. Shri Thyaga Rajan Mudaliar was appointed by the Board of Directors as Additional Director on 5-6-2000. Since then, in the normal course of business of the Company, a number of Annual Gene....