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CS Executive · Company Law and Practice · General Meetings

Meghna Pharma Ltd failed to hold its AGM as required by section 96. Member Rohit applies to the Tribunal. Which direction is the Tribunal empowered to give under section 97?

The Tribunal may call or direct the calling of the AGM and may direct that one member present in person or by proxy is deemed to constitute the meeting. The meeting held is deemed to be the company's AGM.

  1. ADirect that the company be wound up for default
  2. BOrder that one member present in person or by proxy shall constitute a meetingCorrect
  3. CRequire that the AGM be held only at the Tribunal's premises
  4. DAppoint Rohit as a director to hold the meeting

Explanation

Section 97 lets the Tribunal, on a member's application, call or direct the calling of an AGM and give ancillary directions, including that one member present in person or by proxy shall be deemed to constitute a meeting. The meeting so held is deemed to be the AGM. It does not provide for winding up or appointing directors.

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