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RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

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notwithstanding fixed by the Article 111 hereof, the continuing Directors not being less than any<br />

vacancies three, may act for the purpose of increasing the number of directors to that number or<br />

for summoning a General Meeting but for no other purpose.<br />

122. (1) The office of a Director shall ipso facto be vacated if: -<br />

he fails to obtain within the time specified in sub-section (1) of Section 270 of the Act, or at any<br />

time thereafter ceases to hold, the share qualification, if any necessary for his appointment; or<br />

(a) he is found to be of unsound mind by a Court of competent jurisdiction; or<br />

(b) he applies to be adjudicated an insolvent;<br />

(c) or he is adjudged insolvent; or<br />

(d) he is convicted by a Court in India of any offence and is sentenced in respect<br />

thereof to imprisonment for not less than six month or<br />

(e) he falls to pay any call in respect of shares of the Company by him, whether<br />

alone or jointly with others, within six month from the last date fixed for the<br />

payment of the call; or<br />

(f) he absents from three consecutive meetings of the Board or from all meetings of<br />

the Board for a continuous period of three months whichever is the longer,<br />

without obtaining leave of absence from the Board; or<br />

(g) he or any firm of which he is a partner or any private company of which he is a<br />

director, accepts a loan, or any guarantee, security for a loan, from the Company<br />

in contravention of Section 295 of the Act; or<br />

(h) he acts in contravention of Section 299 of the Act; or<br />

he has been removed from office in pursuance of Section 203 c the Act; or<br />

by notice in writing to the Company that he resigns his office; or<br />

any office or place of profit under the Company or under an) subsidiary of the Company is held<br />

in contravention of Section 314 of the Act and by operation of that Section he is deemed to<br />

vacate the office.<br />

(2) Notwithstanding any matter or thing in sub-clauses (d), (e) and 0) of clause (1), the<br />

disqualification referred to in those sub-clauses shall not take effect<br />

(a) for thirty days from the date of adjudication sentence or order; or<br />

(b) where an appeal or petition is preferred within the thirty days aforesaid against<br />

the adjudication, sentence or conviction resulting in the sentence, or order until<br />

the expiry of seven days from the date on which such appeal or petition is<br />

disposed of; or<br />

(c) where within the seven days aforesaid any further appeal or petition is<br />

preferred in respect of the adjudication, sentence, conviction or order, and the<br />

appeal or petition, if allowed, would result in the removal of the disqualification<br />

until such further appeal or petition is disposed of.<br />

123. (1) A Director or his relative, a firm in which such Director or relative is a partner, or<br />

any other partner in such firm or a private company of which the Director is a<br />

member or a private company of which the Company is a member or director,<br />

may enter Into any contract with Company for the sale, purchase or supply of<br />

any goods, materials, or services or for underwriting the subscription of any<br />

shares in, or debentures of the Company, provided that the sanction of the<br />

Board is obtained before or within three months of the date on which the<br />

contract is entered into in accordance with Section 297 of the Act<br />

299

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