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| The Tax Publishers 2020 TaxPub(CL) 0687 (Mad-HC) COMPANIES ACT, 2013
Section 163
Though shareholder filed writ of Mandamus directing RoC of company and other shareholders to permit the shareholders to induct its directors in Board of directors of the company as other shareholders trying to reduce stake of the shareholder, but there was re-agitation of the same issue before two different forums, thus, the petition was not maintainable.
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Option to adopt principle of proportional representation for appointment of directors - Writ of Mandamus for induction of directors - Re-agitation of same issue before two different forums - Maintainability
Shareholder (WBPCL) filed writ of Mandamus directing RoC of the company and other shareholders to permit the shareholders to induct its directors in Board of directors of the company as per shareholding proportion on the ground that other shareholders were trying to reduce stake held by the shareholder in the company. Held: It was found that a company petition was pending before Tribunal with respect to very same parties and very same issue. Therefore, re-agitation of the same issue before two different forums was not permissible under law. Thus, the writ petition was not maintainable.
REFERRED : Embassy Property Development (P) Ltd. v. State of Karnataka (2019) 112 taxmann.com 56 (SC) : 2020 TaxPub(CL) 0185 (SC); K.K. Modi v. K.N. Modi (1998) 3 SCC 573
FAVOUR : Against the petitioner.
A.Y. :
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