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A.R. Sudarsanam Vs. Madras Purasawalkam Hindu Janopakara Saswatha Nidhi Ltd. - Court Judgment

LegalCrystal Citation
SubjectCompany
CourtChennai High Court
Decided On
Case NumberO.S. Appeal No. 106 of 1985
Judge
Reported in[1985]57CompCas776(Mad)
ActsCompanies Act - Sections 309(7)
AppellantA.R. Sudarsanam
RespondentMadras Purasawalkam Hindu Janopakara Saswatha Nidhi Ltd.
Excerpt:
- v. ramaswami, j.1. we are in agreement with the learned judge on the interpretation of section 309(7) of the companies act. the provision does not prohibit renewal within a period of five years. the proviso relied on by the learned counsel also does not in any way help the learned counsel for the appellant because in this case the original resolution fixing maximum remuneration at rs. 15,000 per year came into force on june 12, 1980. the second resolution passed increasing the maximum to rs. 30,000 was only made on december 30, 1982, i.e., more than one year from the date on which the earlier resolution came into force. therefore, there are no merit in this case. the appeal is accordingly dismissed.
Judgment:

V. Ramaswami, J.

1. We are in agreement with the learned judge on the interpretation of section 309(7) of the Companies Act. The provision does not prohibit renewal within a period of five years. The proviso relied on by the learned counsel also does not in any way help the learned counsel for the appellant because in this case the original resolution fixing maximum remuneration at Rs. 15,000 per year came into force on June 12, 1980. The second resolution passed increasing the maximum to Rs. 30,000 was only made on December 30, 1982, i.e., more than one year from the date on which the earlier resolution came into force. Therefore, there are no merit in this case. The appeal is accordingly dismissed.


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