Patrick Bance, v. Take Solutions Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2023

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Patrick Bance Interim Judicial Manager Of Take Solutions Pte. Limited C/O Borrelli Walsh Pte.Ltd.

Having Office At 1 Raffles Place Represented By Its Poa Mr.J.Pranav Reddy ... Plaintiff Vs 1 Take Solutions Limited Having Its Registered Office At No.27 Tank Bund Road Nungambakkam Chennai - 600 034. India.

2 Mr.Srinivasan Harikesavanall Ur Ramani Director - Take Solutions Limited Having Office At No.27 Tank Bund Road Nungambakkam Chennai - 34. India.

3 Mr.Venkatesan Vedamirtham Chief Accounts Officer - Take Solutions Limitied Having Office At No.27 Tank Bund Road Nungambakkam Chennai - 600 034.

India.

4 Mr.M.Alagar 1/5

Scrtinizer For E-Voting Of Egm Of Take Solutions Limited C/O M.Alagar And Associates No.21-B 1st Floor Ark Colony Eldams Road Alwarpet Che 5 Indus Ind Bank Ltd.

Having Its Registered Office At 2401 General Thimmayya Road (Cantonment) Pune- 411 001. Also At New No.34 Old No.115-116 G.N.Chetty Road T.Naga [Fifth defendant impleaded as per the Order dated 29.11.2021 in A.No.4056 of 2021] 6 Axis Bank Limited Gift City - Ibu. Unit 403 4th Floor Hiranandani Signature 13-B Zone-I Gift Sez Gift City Gandhinagar Gujarat - 382355 India.

[Sixth defendant impleaded as per Order dated 29.11.2021 in A.No.4057 of 2021] ... Defendants Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956 read with Order VII Rule 1 of CPC for the following reliefs : (a) Mandatory injunction directing the Defendants to disregard / ignore the vote cast on behalf of Take Solutions Pte. Limited in the Extraordinary General Meeting to be held on October 23, 2021 given that the same has been held to be null and void, illegal and/or invalid and/or improper by the Singapore High Court, 2/5

(b) Mandatory injunction permitting the Plaintiff to exercise its voting rights on behalf of Take Solutions Pte. Limited on the day of Extraordinary General Meeting itself i.e. October 23, 2021; (c) Mandatory injunction directing the 4th Defendant to exclude the void and invalid vote cast one behalf of Take Solutions Pte. Limited for the purposes of tabulation of votes cast at the Extraordinary General Meeting to be held on October 23, 2021;

(d) Mandatory Injunction directing the 1st Defendant to call for a fresh shareholders meeting for voting afresh on the proposed resolutions in relation to the proposed sale of the CRO Business; (e) Permanent Injunction restraining the Defendants their men Agents, servants, representatives or any person claiming through them or under them from acting upon and/or giving effect to and/or implementing, directly or indirectly, in any manner whatsoever, any Resolutions on the basis of the evoting carried on between October 19, 2021 and October 22, 2021 in respect of the proposed sale of the CRO Business;

(f) Permanent Injunction restraining the Defendants, their men Agents, servants, representatives or any person claiming through them or under them from in any manner proceeding with the proposed Extraordinary General Meeting to be held on October 23, 2021 or any other subsequent date, to consider any Resolutions pertaining to the proposed sale of the CRO Business, without the consent of the Plaintiff, 3/5

(g) Directing the Defendants to pay the Plaintiff for costs of the proceedings For plaintiff : Mr.P.Siddharth for BFS Legal For defendants : Mr.Sasidhar Sivakumar - D1 & D2 Mr.T.Sureshkumar for Genicon Associates - D4 No appearance - D3, D5, D6

J U D G M E N T

The learned counsel for the plaintiff sought permission of this court to withdraw the suit and also made an endorsement to that effect.

2. In view of the submission of the learned counsel for the plaintiff and the endorsement made, this suit is dismissed as withdrawn. 29.11.2023 vrc 4/5

N.SATHISH KUMAR, J.

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