Indian Kanoon - Search engine for Indian Law

9. There have been instances where at the time of consideration of a scheme of amalgamation, a disputes has been raised as to whether the statutory meeting held for the properly held or not. In Dorman Long and Co. Ltd., in re [1934] I Ch.D. 635, there was a disputes as to whether the statutory meeting for considering the scheme had been properly held and whether voting was properly recorded at the statutory meetings. It was, in this context, that the court was required to consider whether the petition should be dismissed or whether rests meeting should be summoned. The question of holding a fresh meeting for considering the scheme on account of a subsequent change in she stand of the members did not arise in that case at all. In Waxed Papers Ltd., In re [1937] 156 LT 452, the court was required to consider whether proxy voted which were cast at the statutory meeting convened for considering the scheme were valid. The difficulty in that case arose because the proxy voted were utilised for voting on a resolution to adjourn consideration of the scheme and a point was raised that the power to vote by proxy on the scheme did not entail a power to vote on a resolution to adjourn the consideration in of the scheme. Once again, the dispute related to the manner in which the statutory meeting had been held. The court was not called upon to consider any subsequent change of mind by any members. In that case, however, Lord Justice Slesser observed :