2020 (2) TMI 1327

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....teria, Mr. Arnab Sardar, Mr. Abhrajit Mitra, D. N. Sharma, Ms. Rajshree Kajaria, Satadeep Bhattacharya, Ms. Sonia Sharma, Ms. Neha Somani For The Respondent. ORDER Shri M. B. Gosavi. Member(J): Jaideep Halwasiya, one of the shareholders and ex-director of respondent no. 1 company M/S. AA Infra Properties Private Limited filed the petition under sections 241, 242 of the Companies Act, 2013 through his attorney holder. 2. The petitioner has alleged that respondent nos. 2 to 6 in collusion and connivance with each other illegally appointed respondent nos. 4 to 6 in the company as the directors in the Annual General Meeting dated 24.09.2019. He also alleged that in EoGM dated 04.01.2020, he was illegally removed from the post of the direct....

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....erim prayers are concerned. 6. On 06.02.2020, the respondents filed affidavit-in-reply. The matter was posted for hearing on the interim reliefs of the petitioner on 12.02.2020. 7. It appears that the petitioner filed appeal against the order of adjournment passed by us. The Hon'ble Appellate Tribunal disposed off the appeal directing us to hear the parties on 12.02.2020 and dispose off the petition within a week. 8. We have gone through the pleadings of the parties evidence and materials on record. We heard Ld. Sr. Counsel, Mr. Siddhartha Mitra for the petitioner, Ld. Sr. Counsel, Mr. Ratnanko Banerjee for the respondent no.2, Ld. Sr. Counsel, Mr. Joy Saha for respondent no.3 and Ld. Sr. Counsel, Mr. Abhrajit Mitra for respondent no....

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....ove notice bears signature of the petitioner having received the notice of AGM and EoGM. He further submitted that respondent no.2 being majority shareholder has every right to pass resolution removing any director and appointing any other person as the director. Those decisions cannot be faulted and set aside. 11. Ld. Sr. Counsel, Mr.Joy Saha, appearing for respondent no.3 (Man Mohan Bagree) submitted that it is true that EoGM dated 04.01.2020 was held and his client was out of India but that does not negate decisions in that meeting. At that time, he was in Columbo (Sri Lanka). However, the respondent no.3 had a notice of those meetings. He had consented for the resolution those are being passed in those meetings. He further submitted th....

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.... were given to the petitioner (page 89 -Annexure "E" and Annexure-K at page 146 in the affidavit-in-reply of respondent no. I). It is a case Of the petitioner that he did not get notice of both the meetings but after respondent no. I filed affidavit-in-reply, the petitioner filed supplementary affidavit and improved his case stating that the signature appears on office copy of the above notices are not his signatures and those documents are manufactured documents, etc. 14. In our considered opinion, there appears factual controversy in between the parties whether notices of AGM dated 24.09.2019 and EoGM dated 04.01.2020 had really been given to the petitioner. To record finding on this aspect, we have to hear main petition allowing the par....