Corporate
Judge nullifies fraudulent shareholder resolutions
Together with B, the first defendant, C & R were the directors of an Indian company with a registered office in England. B conducted a variety of meetings where C & R were removed as directors and shareholdings were forfeited to give B control over the company. C & R alleged that B had forged their signatures on convening notices and resolutions in order to gain control of the company and its board and applied for a variety of injunctions declaring the resolutions invalid. C & R succeeded in obtaining orders in effect reinstating them to the Board and restraining both sides from calling General Meetings until the outcome of the litigation. The Judge found that the fact that the Indian company had its registered office in England gave the Court jurisdiction under Article 22 of Regulation 44 which it was bound to exercise to hear the claim even where the potential alternative court was not another member state.
Choudhary v Bhatter [2009] EWHC 314 (Ch), 11 February 2009
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