Section 230(4)&(6)Read with rules of Co. Act
Sub section 4
says members or creditor can vote either himself or through PROXY or postal ballot.
Sub section 6
Says that members required to PRESENT & VOTE for count 3/4 in value and majority in voting.
NOW query is if members / creditor want to voting through postal bellot can I count for PRESENT & VOTE. this person is not present but he give vate.
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intelligent doubts / query
Replies (3)
Dear sir,
As per my understanding , sub section 6 says if majority of persons who agree to the compromise by themselves or by proxy or by postal ballot, have 3/4th in value of such creditors or members as the case may be, it shall be binding on the company.
Nowhere it is mentioned in sub section 6 that member should be "PRESENT".
Conclusion: I would like to say that even if the person vote by himself or by proxy or by postal ballot. It is considered as valid.
Kindly correct me if I am wrong.
Thanks.
As per my understanding , sub section 6 says if majority of persons who agree to the compromise by themselves or by proxy or by postal ballot, have 3/4th in value of such creditors or members as the case may be, it shall be binding on the company.
Nowhere it is mentioned in sub section 6 that member should be "PRESENT".
Conclusion: I would like to say that even if the person vote by himself or by proxy or by postal ballot. It is considered as valid.
Kindly correct me if I am wrong.
Thanks.
I think u right.
If company do voting through postal bellot then as per postal bellot section says that it is deemed to pass resolution as pass in meeting.
If company do voting through postal bellot then as per postal bellot section says that it is deemed to pass resolution as pass in meeting.
Thank you for your reply Sir.
I hope your query is resolved
I hope your query is resolved
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