When it is proposed to alter, vary or affect the rights of
particular class of shareholders (e.g., where accumulated dividends on cumulative
preference shares is to be cancelled) and it is not possible to obtain the consent
in writing, of the holders of ¾th of the issued shares of that class, a meeting
of the holders of those shares may be called. Such a meeting is commonly known
as a 'class meeting'. It should be noted that all resolutions in a class
meeting must be passed as special resolutions.
The holders of at least 10 percent of the issued
shares of that class who did not consent in favour of the resolution m ay apply
to the Court within 21 days to have the resolution cancelled and where such
application is made, the resolution shall not have effect unless and until it
is confirmed by the Court
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