[2020]DLHC9970 • October 16, 2020 • High Court
ALWAN HITTI vs. DURAPLAST LTD AND MIREILLE HITTI
The applicant, Alwan Hitti, sought an injunction to restrain the holding of an Extraordinary General Meeting (EGM) of shareholders of Duraplast Limited scheduled for 7th July 2020. The meeting was convened by the Company Secretary upon instructions from the 2nd respondent, Mireille Hitti. The applicant contended that the meeting was improperly convened contrary to the Companies Act 2019 (Act 992).
read moreThe matter before the Court is an Application for an order for Injunction restraining the holding of the Extraordinary General Meeting of Shareholders of Duraplast Limited on 7th July, 2020 pursuant to Sections 218 and 219 of the Companies Act (2019) Act 882. This Application was filed by one Caroline Akl on 2nd July, 2020. Again, 3rd July, 2020, a similar motion was filed, this time by Alwan Hitti, seeking the same relief – an injunction restraining the holding of the Extraordinary General Meeting of the Shareholders of Duraplast Limited on 7th July, 2020. Both applications seek to enforce the mandatory statutory provision of Act 992 by ensuring full compliance of the Companies Act, particularly Section 299 thereof. Given that both applications seek the same relief against the same Respondents, namely Mireille Hitti and Duraplast Limited, I decided to consolidate them and deliver one ruling. On 28th July, 2020, when the motions were to be moved, Counsel for the 2nd Respondent (.....