Error', in `not granting Stay', on such
`void Circular Resolutions', as per the `Interim Prayers' of the
`Appellants ... Secretarial Standard-1', were followed. Also that, the `void Circular
Resolutions', were not circulated to the `1st Appellant', as per the
`Secretarial
three Directors of the company sent their approval to the circular resolution in writing. However, the other two directors (R-2 and 3 herein) vide ... Board Resolution could be passed. Accordingly, it was contended that the circular resolution was approved by the majority of the Board of directors for transmission
part of the High Court to give
undue importance to the resolutions / circulars issued by
the State Government contrary to law and without authority ... circular was issued to the effect that
'Halba-Koshtis' were not Scheduled Tribes. Further a look
at the various circulars / resolutions/instructions/orders
respondents also submitted that immediately
after the consent terms, the circular resolution dated
27.2.2002 was entered into between the parties. The
said resolution reads ... bankers is borne out by the
fact that through the aforesaid circular resolution dated
27.2.2002, Rama Narang and Ramesh Narang inter alia
resolved that
issue of ‘Halba-Koshti’ from time to time and the circulars,
resolutions, instructions but held that even though the said circulars,
instructions had shown varying ... High court in paras 20 to 23 dealt with
circulars/resolutions/ instructions/orders made by the Government
from time to time on the issue
interim arrangement:
(i) When the Judgment, Order, Government
Resolution/Circular or notification or other document under
challenge, is not in English and when the Advocate ... Party
wants to rely upon the Judgment, Order Government
Resolution/Circular, notification, document which are not in
English, typed or xerox copies of the translation
Resolution by circulation was
recognized and permitted by Section 289 of the Companies
Act, which reads:-
"289. Passing of resolutions by circulation.- No
resolution ... Rules) by circulation to Directors for their approval.
Accordingly the circular resolution was circulated and
approved by the six Directors (Members of Board of Directors
interview in the meeting held on 17.9.1997, on 29.9.1997 a circular resolution was passed to include the application of the appellant and the appellant ... bank even after knowing the previous performance of the appellant passed a resolution on 19.7.1997 deciding to go in for public advertisement to call applications
restraining the respondents from giving effect to the decisions taken by circular resolutions dated October 1, and October 3, 1997. In fact the circular resolution ... Court seeks an order restraining the respondent-company from implementing the circular resolution which means an order to restrain the respondent-company from holding
management of the respondent-company. Two circular resolutions came to be passed by the majority directors on 5.2.1996 and 8.2.1996 appointing Homi Panthki and Dinesh ... each of the three groups was necessary. He submitted that circular resolutions ousting the petitioners from management and entrusting the same to Shri Panthki
