Explanatory statement

Querist : Anonymous (Querist) 18 January 2012 This query is : Resolved
Dear Experts,
Please request you to reply as soon as possible..
Mine is a query relating to interpretation. If a public company has passed spl resolution in its AGM and the explanatory statement to the same states something more(as the background for the resolution), can this explanatory statement be challenged if there is no such clause in the resolution as such.

Pls reply with some supporting reference. Thanks and Regards

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Raj Kumar Makkad (Expert) 18 January 2012
Explanatory statement is not a resolution rather it is a statement justifying bringing of the resolution passed so there is neither requirement nor a procedure to change the explanation. Anyone can interprate it as per his understanding.

Querist : Anonymous (Querist) 18 January 2012
thank you Raj sir...
But my qs is that if the explanatory statement states something that is not in the resolution, then can that point of the statement be challenged for enforceability.

Pls reply

Querist : Anonymous (Querist) 18 January 2012
Pls reply to the above query

Shonee Kapoor (Expert) 18 January 2012
No the said statement still can not be challanged.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 19 January 2012
Such explanation cannot be challenged as this is not the part of resolution rather it is its interpretation which may be differ from man to man.

Querist : Anonymous (Querist) 19 January 2012
Thank you Shonee Sir and Raj Sir.

Is there some relevant reference that I can find in some book or somewhere else.

Deepak Nair (Expert) 19 January 2012
You are righlty advised by the experts above

V R SHROFF (Expert) 19 January 2012
rightly advised by above experts, no addition.

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