2016 (11) TMI 166

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....cation being CA No. 190/2016 filed by the respondent nos. 1, 2 and 5 filed by Tirumala Infrabuild Pvt. Ltd. & others. The applicants filed this application, being C.A. No. 190/2016, with a prayer that the Extraordinary General Meeting and Board Resolutions passed in the purported meeting said to have been held on 21-09-2015 be declared as null and void.             Further the applicants prayed that name of Mr. Manoj Kumar Chaudhury as a Managing Director, Mr. Niranjan Kumar Maurya, Director and Mr. Rajesh Kumar Ranjan, Director be deleted from the list of the MCA Portal and direction be issued to the Registrar of Companies for deleting their names.      &nbsp....

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....ning the status quo as regards to the share capital of the respondent No. 1 company and the constitution of the Board of Directors of the Company. In addition, it was also directed that respondent No. 1 company will not alienate the fixed assets of the Company and all these orders are in force till date.             The petitioners alleged that inspite of interim order of the CLB, respondent No. 2 had received the purported notice dated 4th September, 2015 on 7th September, 2015 for calling of an Extraordinary General Meeting of the Company on 21st September, 2015 from persons claiming to be shareholders of the Company.           &nbsp....

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.... the Companies Act.             On the above basis the petitioners have further alleged that the names of Mr. Manoj Kumar Chaudhury as Managing Director, Niranjan Kumar Maurya as Director and Mr. Rajesh Kumar Ranjan as Director ought not to be included in the MCA Portal and names of respondent Nos. 2, 3, 4 and 5 could not have been removed in view of the order of the then the CLB.             The petitioner has prayed that unless the orders are set aside the applicants and all the shareholders, creditors, financial institutions and employees shall be gravely prejudiced.           ....

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....    Heard the ld. Counsel of the parties at the time of oral arguments. The petitioner has also agreed with the fact that the purported notice dated 4th September, 2015 for calling Extra Ordinary General Meeting and subsequent resolution of the Extra Ordinary General Meeting was not in consonance with the direction issued by the then Company Law Board dated 11-7-2013. As per direction of the CLB status quo was to be maintained regarding the share capital of the company and the constitution of the Board of Directors of the Company.             On perusal of the records it is evident that there were specific directions of the Company Law Board for maintaining the status qu....