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2024
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[2024] ZAGPJHC 910
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Samet v Socrati Footwear (Pty) Limited and Others (2024/091492) [2024] ZAGPJHC 910 (10 September 2024)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 2024/091492
1.
Reportable:
2.
Of interest to other judges:
3.
Revised:
10
September 2024
In the matter between:
KARALI,
SAMET
Applicant
and
SOCRATI
FOOTWEAR (PTY) LIMITED
1
st
Respondent
CARALLI
LEATHER WORKS (PTY) LIMITED
2
nd
Respondent
COMPANIES
AND INTELLECTUAL PROPERTY COMMISSION
3
rd
Respondent
JUDGMENT
WRIGHT J
1.
The
applicant is a businessman who lives in Turkey.
2.
He
says that he is a director of the first and second respondent
companies.
3.
He
seeks urgently an order that purported resolutions, taken to remove
him as director be set aside.
4.
The
answering affidavit seems tacitly to admit that the resolutions were
not preceded by proper notice.
5.
The
answering affidavit says that fresh notice has been given for a
meeting to consider the removal of the applicants as director
on 6
September 2024.
6.
During
argument Mr B Van Der Merwe, for the first and second respondents
gave the undertaking referred to below in the order.
7.
In
these circumstances, and on the notice of motion as framed, the
application cannot be urgent.
ORDER
1.
The
first and second respondents, through their counsel Mr B Van Der
Merwe give an undertaking that the first and second respondents
have
not and will not act pursuant to any resolution or purported
resolution of 28 June 2024 affecting the status or rights of
the
applicant.
2.
Removed,
costs reserved. -
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD
DELIVERED
:10
September 2024
:10
September 2024
APPEARANCES:
Applicant
Adv
R Pottas
rp@jurist.co.za
074 332
6887
Instructed
by
Duff
& Associates Inc
andrew@duffattorneys.co.za
;
hazel@duffattorneys.co.za
jemuel@duffattorneys.co.za
011 463
7477
Respondent
Att
Mr Nardis Grove
nardus@ngattorneys.co.za
082 444
9728
Instructed
by
Nardus
Grove Attorneys
nardus@ngattorneys.co.za
082 444
9728