2018 (7) TMI 396

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....iren R. Dave, PCS And Mr. Sanjib K. Mohanty, Central Government Counsel for ROC, Gujarat ORDER Heard counsel for both sides. The learned counsel for the appellant submits that the appeal has been filed against impugned orders dated 31.08.2017 whereby the application I.A 252/2017 filed by respondent no. 2 of original petition has been dismissed. The appellant was not party to the application which was filed by the respondent no. 2 in the company Petition, or the company petition. 2. It appears that earlier NCLT had in C.P. 17/2016 passed the following order on 20.01.2017: "1. The Petition under consideration is stated to be filed on 16th November, 2016 and thereupon enlisted today for admission. Additionally, it has also been prayed th....

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....alleged. The Petitioners are not allowed to enter into the premises of the R1 Company and not allowed inspection of any records. They are not aware of the AGM or any other meetings of the R1 Company. Ld. Counsel of the Petitioners has pleaded that the R2 be directed to hold the meeting of the Company and the Petitioners be allowed to attend the said meeting. 3. From the side of the Respondents, it is vehemently objected that the affairs of the R1 Company have been mismanaged because the financial statements are reflecting better results. The argument is that the Petitioners are not taking interest in the affairs of R1 Company and creating hurdles in the management of the Company. By their behavior the Petitioners are creating problems in....

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....ressed by the Petitioner is that the meeting may not be conducted in lawful manner. As a consequence, I direct the Ld. Regional Director, (NWR) Ministry of Corporate Affairs, 'R.O.C. Bhavan', Naranpura, Ahemdabad to either present himself or depute any officer of his office not below the rank of Assistant Director, to supervise the AGM. The R1 Company is under obligation to implement the directions of this Order without any fall or deviation. The date, time and place of the meeting should be communicated to the Regional Director, Ahemdabad so that under his supervision the AGM can be conducted. 6. As a result, ad-interim relied is granted. Let the C.P. be enlisted for hearing on 9th March, 2017. Ordered accordingly." 3. The learned cou....

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....icant. Learned PCS Mr. Dhiren Dave present for Respondent in IA 252/2017. Heard arguments of Learned Counsel for Applicant and Learned Counsel for Respondent in IA 252/2017. This application is filed by Respondent no. 2 seeking direction to ROC Ahmedabad. Gujarat to enable to applicant to file DR 12 and other forms in connection with Annual General Meeting held on 02.03.2017 by including the name of the applicant and other appointed directors namely Mr. Tulsi Vithaldas Patel, Shrimati Hemaben Vithaldas Patel, Mr. Deep Gopalbhai Chokshi and Mrs. Jalpa Deep Chokshi in the list of Directors and to associate them to Respondent no. 1 Company. It appears that Respondent no. 2 convened Annual General Meeting purporting to act as per the o....