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Showing contexts for: proxy FORMS in Omni India Limited And Others vs Balbir Singh on 14 March, 1989Matching Fragments
17. We have examined these observations. They are of no help to the respondents. The expression "consent in writing" is to be examined keeping in view the purpose of section 399. The interpretation which we have adopted is not likely to result in difficulties in the working of section 399.
18. It was also contended that the Act has not laid down any form for consent letters whereas the form regarding notice to the creditors to give any proof (Form No. 27) for notice convening meetings (Form No. 36), form of proxy (From No. 37) and from relating to the report of the term (Form No. 39) have been given. We have not been able to understand as to how this contention helps the respondents. From this contention, it cannot be said that the members giving their consent can simply say that they give their consent to the proposed action without applying their minds and without knowing what were the allegations sought to be made and what were the reliefs sought to be prayed for in the petition.