Indian Kanoon - Search engine for Indian Law

51. The Appellants submitted that the act of selective capital reduction is not only unfair, unjustified, coercive, discriminatory, and illegal, but the Respondent No. 1/ BTL proposal to pass the resolution through postal ballot and e-voting without conducting an in-person/physical meeting violates the rights of the Public Shareholders. The Appellants alleges that BTL has tactfully avoided holding a physical meeting to prevent free exchange of views and ideas among the Public Shareholders and to take away their right of communication, discussion, to be heard and to give an opinion, to form an opinion based on others' views, to question, and to be certain before voting. The Appellants argues such acts of Respondent No. 1 violate Freedom of Speech as enshrined in the Basic Structure of the Constitution of India, and the resolution passed by the majority shareholders should be deemed void, illegal, discriminatory, coercive, unfair, and unjustified.