SIKH NEWSPAPER LTD. versus D.M. JALANDHAR AND ORS.

SIKH NEWSPAPER LTD. versus D.M. JALANDHAR AND ORS.

The Supreme Court directed that for the working of the company, a suit must be filed in the trial court having jurisdiction, so that a commissioner may be appointed to conduct a General Body meeting in accordance with the bye-laws and Articles of Association, taking the Supreme Court's previous orders as a basis.

Parties
Appellant: Sikh Newspaper Ltd.; Appellant: Balraj Singh Takhar; Respondents: D.M. Jalandhar and Ors.; Applicant: Ratnesh Singh Sodhi
Jurisdiction
India
Judgment Date
02 January 1996
Procedural Posture
Civil Appeal / Order on Applications (i.a. Nos. 8 11 of 1993) in Civil Appeal No. 5855 of 1983
Outcome
Directions issued; interlocutory applications ordered accordingly
Legal Topics
Deficiency in Company Management, Shareholders Meeting, Arbitration in Company Disputes, Restoration of Status Quo, Appointment of Arbitrator
Company Law Deficiency in Company Management Shareholders Meeting Arbitration in Company Disputes Restoration of Status Quo Appointment of Arbitrator

Case Brief

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Parties

Sikh Newspaper Ltd.

Appellant

Balraj Singh Takhar

Appellant

D.M. Jalandhar and Ors.

Respondents

Ratnesh Singh Sodhi

Applicant

Procedural Posture

Civil Appeal / Order on Applications (i.a. Nos. 8 11 of 1993) in Civil Appeal No. 5855 of 1983

Legal Issues

  1. 1 Conduct of General Body meeting of shareholders
  2. 2 Determination of genuine shareholders
  3. 3 Restoration of status quo concerning printer, publisher and editor-in-chief

Ratio Decidendi

The Supreme Court directed that for the working of the company, a suit must be filed in the trial court having jurisdiction, so that a commissioner may be appointed to conduct a General Body meeting in accordance with the bye-laws and Articles of Association, taking the Supreme Court's previous orders as a basis.

Court Disposition

Directions issued; interlocutory applications ordered accordingly

Orders

  • Company to file suit in trial court for conducting General Body meeting
  • Trial court to appoint a Commissioner to conduct meeting as per Supreme Court's orders