Affirmative vote can’t push the underlying resolution if Article not amended incorporating such vote
Case Law Details
Case Name : World Phone India (P.) Ltd. Vs WPI Group Inc.,USA (Delhi High Court)
Appeal Number : CO.A (SB) No. 102 of 2012
Date of Judgement/Order : 15/03/2013
Related Assessment Year :
Courts :
All High Courts Delhi High Court
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HIGH COURT OF DELHI
World Phone India (P.) Ltd.
versus
WPI Group Inc.,USA
S. Muralidhar, J.
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What will happen if a shareholder, whose affirmative vote is required in a general meeting (as per shareholders agreement), is absent in the meeting and has not cast any vote. Whether the company may proceed to pass the resolution by quorum of members present in the meeting?