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)
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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.
CO.A (SB) No. 102 of 2012
MARCH 15, 2013
ORDER
1. The challenge in this appeal under Section 10F of the Companies Act, 1956 (‘Act’) is to an order dated 15th November 2012 passed by the Company Law Board (‘CLB’) in an application, CA. No. 566 of 2012, in Co. Pet. No. 102(ND) of 2010 filed by the Respondent, WPI Group Inc., USA (‘WPIGI’), to declare a Board meeting of World Phone India Pvt. Ltd. (‘WPIPL’), Appellant No.1 held on 31st Octobe...
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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?