ABC Limited is a public company having its registered office in Mumbai. It has 3680 members. The company sent notice to all its members for its…

According to section 103 of the Companies Act, 2013, unless the articles of the company provide for a larger number, in case of a public company, fifteen members personally present may fulfil the requirement of quorum, if the number of members as on the date of meeting is more than one thousand but up to five thousand. If the specified quorum is not present within half-an-hour from the time appointed for holding a meeting of the company, the meeting shall stand adjourned to the same day in the next week at the same time and place, or to such other date and such other time and place as the Board may determine. If at the adjourned meeting also, a quorum is not present within half-an-hour from the time appointed for holding meeting, the members present shall be the quorum. In the instant case, there were only 12 members personally present on the day (i.e. 2 nd September 2024) of meeting of ABC Limited upto 11:30 AM. This was not in compliance with the required quorum as per the law. In the adjourned meeting also, the required quorum was not present. However, as per the provisions of section 103, in the adjourned meeting, the members present shall be considered as quorum. In the light of provision of law and facts of the case: The original meeting was validly adjourned, as the required quorum was not present.