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Judgment
O R D E R
21.12.2022: Heard Mr. Krishnendu Datta, Sr. Advocate assisted by Mr. Ayush Solanki, Advocate appears on behalf of the Applicants in I.A. No. 4484 of 2022.
I.A. No. 4484 of 2022 has been filed in Company Appeal (AT) No. 36 of 2022 on behalf of the Applicants for clarification/rectification/amendment of the order dated 21.10.2022 passed by this Bench in Company Appeal (AT) No. 36 of 2022. Application has been filed to rectify/amend para 3 of the order dated 21.10.2022 to the extent that “the Appellant has not filed the written submissions before the Hon’ble Tribunal”. From the perusal of the order dated 29.09.2022, this Bench ordered the Ld. Counsel for the parties to file their written submissions along with relevant case laws, if any, within one week after Puja Vacation. Admittedly, the written submissions on behalf of the Appellants were filed which was taken on record, therefore, there is no question of making any clarification of Para 3 of the Judgment as prayed in Application. So far as Para 4 of the Judgment is concerned, the Ld. Sr. Counsel for the Appellant during course of argument submitted that the Article 42 of the Articles of Association of the Appellant Company excludes Annual General Meeting from the definition of General Meeting rather now relief has been sought by the Applicants in I.A. No. 4484 of 2022 that “the Article 42 of the Articles of Association of the Appellant Company includes Annual General Meeting from the definition of General Meeting”. Accordingly, Para 4 of the Judgment is modified to the above extent that the Article 42 of the Articles of Association of the Appellant Company includes Annual General Meeting from the definition of General Meeting.
The Ld. Counsel for the Respondents is present and he does not object the prayers made by the Applicants that Para 4 of the Judgment be modified to the above extent that the Article 42 of the Articles of Association of the Appellant Company includes Annual General Meeting within the definition of General Meeting.
Further, so far prayer of modification in para 9 of the Judgment is concerned, it is hereby rejected as already observations have been given in para 9 of the Judgment.
Accordingly, I.A. No. 4484 of 2022 is disposed of with extent to modification made in para 4 of the Judgment as indicated hereinabove.
Let this order which is being passed in this I.A. No. 4484 of 2022, be part of the Judgment dated 21.10.2022.