2017 (8) TMI 133

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....represent both the sides. He has also clarified that none of the parties shall be prejudiced by his representation. 2.  Date sheets, as maintained on each date of hearing, have also reflected that the Ld. Advocate has represented both the sides. 3.  Facts of the case have revealed that the Respondent No. 1 Company was incorporated on 22^nd January, 2011 having its registered office at Surat, Gujarat. The Petitioner was holding 20,000 shares of the Respondent No. 1 company and also one of the Directors of the Respondent No. 1 Company. The Other Director of the Respondent No. 1 Company was Mr. Chandrashekhar Gupta, who has resigned on 24^th June, 2016. The Respondent No. 1 Company thereafter has appointed Shri Shyamsundar Gupt....

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....e Companies Act, 1956, National Company Law Tribunal, on the application of any member of the Company can call or direct calling of an Annual General Meeting of the Company, if default is made in holding an Annual General Meeting in accordance with Section 166 of the Companies Act, 1956. (iii) There were two Directors of the Company namely Shri Pawan Kumar Gupta and Shri Chandrashekhar Gupta since the date of incorporation of the Company. A Company petition No. 83(MP)/2015 was filed by Shri Chandrashekhar Gupta before the Company Law Board which came to be dismissed by the Company Law Board vide Order dated 11^th December, 2015. Against the Order of the Company Law Board, O.J. Appeal No. 57 was filed by Shri Chandrashekhar Gupta, Directo....

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.... Petitioner being aggrieved, has no other option but to make this Application to this Tribunal for interference under Section 167 of the Companies Act, 1956. (vi) The Petitioner is making this Application by way of petition to obtain an Order from this Tribunal calling or directing the calling of an Annual General Meeting of the Respondent Company for the year 2015." 5.   The records of the case have revealed that there is an Order of the Hon'ble Gujarat High Court titled as Chandrashekhar Gupta V/s Savitri Textiles (India) Pvt. Ltd. dated 29^th August, 2016 wherein it was recorded that a settlement is arrived at between the parties. The records of the case have also demonstrated that vide a letter dated 24^th June, 2016 Shr....