TaxTMI 
TaxTMI 
2017 (6) TMI 140
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of Mandamus by directing the respondents 1 to 3 herein to take action against the 4th respondent under the Companies Act 1956 to prevent misappropriation, mismanagement and oppression of the 4th respondent company under the Companies Act by the respondents 5 to 12 and also not to permit the respondents 5 to 12 to continue as Director of the 4th respondent under Sec.209-A (9) of the Companies Act 1956. 3.W.P.No.12850 of 2013 The petitioner has filed this writ petition for the issuance of Writ of Mandamus by directing the 1st respondent to appoint Special Officer/ Officers with necessary Advisory Board for the effective administration of the TDTA Company by invoking Section 397 and 398 of Companies Act and consequentially forbearing the Respondents 3 to 6 from involving in any manner with the business, affairs and administration of TDTA Companies. 4.In all these three writ petitions, the petitioner is one and the same and the issues involved in those writ petitions are same. Therefore all the three writ petitions are heard together and common order is passed. 5.The petitioner one Mr.A.Earnest Balasingh claims to be the Secretary of T.D.T.A. Employees Welfare Association which was....
X X X X Extracts X X X X
X X X X Extracts X X X X
....uch before the bifurcation of Tuticorin District. The Tirunelveli District was bifurcated with effect from 20.10.1986. In fact, the resolution to bifurcate should be made subject to the obtaining orders of the Company Court under Sections 391 to 394 of the Companies Act. Sections 391 to 394 of the Companeis Act is as follows: "Application of sections 34 to 36 and Chapter XX. 391.(1) The provisions of sections 34 to 36 (both inclusive) shall apply to- (i) the issue of a prospectus by a company incorporated outside India under section 389 as they apply to prospectus issued by an Indian company; (ii) the issue of Indian Depository Receipts by a foreign company. (2) The provisions of Chapter XX shall apply mutatis mutandis for closure of the place of business of a foreign company in India as if it were a company incorporated in India. Punishment for contravention. 392. Without prejudice to the provisions of section 391, if a foreign company punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and in the case of a continuing office, with an additional fine which may extend to fifty thousand rupees for every day after th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....es including Hospitals, School Buildings, Special Homes, Eye Care Centers and Home for the Children for Boys and Girls etc. The TDTA Company owns more than 2,000 acres of land which are located in prime localities. The 2nd respondent through its Secretary with the connivance of the respondents 4 and 5 is taking effective steps to alienate other immovable properties, apart from executing a registered Settlement Deed dated 28.11.2011, by way of executing Settlement Deeds and Sale Deeds in flagrant violation of the Memorandum and Articles of Associations of 2nd respondent TDTA Company. It is a criminal offence which attracts criminal prosecution also. Despite of many complaints given to the 1st respondent, the 1st respondent is not taking action to stop the illegal act of the 2nd respondent. Because of the illegal act of the 2nd respondent, the petitioner in W.P.No.12850 of 2013 has sought for appointment of Special Officer for the effective administration of the TDTA Company as per sections 397 and 398 of the Companies Act. Sections 397 and 398 of the Companies Act is as follows: "Admissibility of certain documents as evidence. 397. Notwithstanding anything contained in any other la....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, prospectus, issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation.- For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of sub-section (1) through the electronic form." Hence, the petitioner has approached this Court by filing the above wr....