Question

Section 98 of the Companies Act, 2013 provides that if for any reason it is impracticable to call a meeting of a company or to hold or conduct the meeting of the company, the ____________ may, either suo motu or on the application of any _________ of the company who would be entitled to vote at the meeting order a meeting of the company to be called, held and conducted at such manner as the ___________ thinks fit.
A) High Court; director; High Court
B) Tribunal; member; tribunal
C) Tribunal; director or member; tribunal
D) High Court; member; High Court

Answer 1

Hint: Any director or member of the organization can apply under section 98 for an order to hold a general meeting (other than the Annual General Meeting) in Form No. NCLT. 1 and with the documents listed in Annexure B.

Complete answer:
Section 98 of the Companies Act, 2013 provides that if for any reason it is impracticable to call a meeting of a company or to hold or conduct the meeting of the company, the Tribunal may, either suo motu or on the application of any director or member of the company who would be entitled to vote at the meeting order a meeting of the company to be called, held and conducted at such manner as the tribunal thinks fit.

Therefore, the correct answer is Option (C).

Note: A directive that one business employee present in person or by proxy constitutes a conference is one example of such a directive. Any meeting called, organized, or performed in compliance with any order issued under subsection (1) is considered to be a duly called, convened, and conducted meeting of the corporation for all purposes.