1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPEAL NO.50 OF 2009 IN CLB/COMPANY PETITION NO.5/397-398/CLB/MB/2009. WITH COMPANY APPLICATION NO.960 OF 2009 IN COMPANY APPEAL NO.50 OF 2009 IN CLB/COMPANY PETITION NO.5/397-398/CLB/MB/2009. Lahoti Terra Knitfab Limited & Ors. ..Appellants/Applicants (Org.Respondents). v/s. Mrs. Nirmal Kanta Parmar & Anr. ..Respondents (Org. Petitioner). .... Mr. M.P.S. Rao, a/w. Mr. Adhitya Khanna, for Appellants/Applicants. Mr. Sharan Jagtiani, a/w. Mr. Shailesh Poria, i/b. Hariani & Co., for Respondent No.1. .... CORAM : S. J. KATHAWALLA, J. DATE : 18TH SEPTEMBER 2009. P.C. Heard the learned Advocates for the parties. The order passed by the Company Law Board which is impugned in this appeal is modified to the following extent : 2 1. Respondent no.1, Lahoti Terra Knitfab Ltd. is hereby permitted to hold the Annual General Meeting/ Extra Ordinary General Meeting/ Shareholders Meeting : a. To consider and adopt the Annual Report/Directors’ Report for the year ended 31 st March 2009; b. To consider and adopt audited Profit and Loss Account for the year ended 31 st March 2009 and the audited Balance Sheet as at that date and the Auditor’s Report thereon; c. To appoint Auditors and fix their remuneration; d. To accept the resignation of Mr. Rustom Dalal and to appoint in his place Mr. Rajesh Somani as Director of the Company with effect from the date of the order. 2. The appellants shall give notice of the meeting allowed to be called by them for the aforestated purpose to Mrs. Nirmal Kanta Parmar at J-4, Sector 25, Jalvayu Vihar, Noida-201 301, Uttar Pradesh, India, as required under the law. 3. The decisions taken at the meeting held by the company pursuant to this order shall be subject to the final outcome of the decision of the Company Law Board in the company petition. 4. This order is without prejudice to the rights and 3 contentions of the parties herein and all contentions of the parties are kept open. 5. The Company Law Board shall proceed with the final hearing of the company petition on 14 th October 2009 i.e. the day on which the Company Law Board has fixed the petition for hearing and final disposal. It is made clear that the Company Law Board shall not grant any time to either side on any ground whatsoever and shall endeavour to pass its final order on or before 30 th October 2009. 6. Company Appeal is accordingly disposed of with no order as to costs. Company application no.960 of 2009 also stands disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]