AI Drafter 
TaxTMI 
TaxTMI 
2021 (8) TMI 151
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.....03.2020 allowed the CP No. 142/Chd/Hry/2019 as under:- "8. Section 96 of the Companies Act, 2013 reads as under:- 96. Annual general meeting.-- (1) Every company other than a One Person Company shall in each year hold in addition to any other meetings, a general meeting as its annual general meeting and shall specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next: Provided that in case of the first annual general meeting, it shall be held within a period of nine months from the date of closing of the first financial year of the company and in any other case, within a period of six months, from the date of closing of the financial year: Provided further that if a company holds its first annual general meeting as aforesaid, it shall not be necessary for the company to hold any annual general meeting in the year of its incorporation: Provided also that the Registrar may, for any special reason, extend the time within which any annual general meeting, other than the first annual general meeting, shall be held, by a period no....
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....e submissions made on behalf of both sides, we consider that this is a fit case of exercising the powers conferred under Section 97 of the Companies Act, 2013. Accordingly, the CP is allowed as under:- i) We hereby direct Respondent Nos. 1 to 3 to convene, hold and conduct the Annual General Meeting within 30 days from today on any working day during business hours i.e. 9 AM to 6 PM, at the registered office of the respondent No. 1-company at Gurugram, after duly certifying strict compliances of the procedures as contemplated under the Articles of Association of the company and the Companies Act, 2013. ii) One member of the company present in person or by proxy shall be deemed to constitute the quorum for convening the Annual General Meeting. iii) The Members/Directors are directed to maintain peace and harmony at the time of Annual General Meeting so that the business of the company shall be conducted properly. iv) In view of the apprehension expressed by respondent Nos. 2 and 3, the Regional Director, Northern Region, Ministry of Corporate Affairs, Paryavaran Bhawan, CGO Complex, New Delhi, is directed either to present himself or depute any of....
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....ed office of the respondent No. 1 company and that there is a physical threat to them from the said Mr. A Srinivasa Rao and others. In view of the said allegations and since the respondent Nos. 2 and 3 have not denied their mandatory obligation to hold the AGM of the respondent No. 1 company within the prescribed period, this Tribunal without going into the allegations and counter allegations of the parties, passed orders as referred above, directing the respondent Nos. 1 to 3 to convene, hold and conduct the AGM within 30 days from the date of the order i.e. from 19.03.2020. In view of the apprehensions raised by the respondent Nos. 2 and 3 to conduct the meeting, as per rules and in a peaceful manner it was directed that the representatives of the Regional Director, Ministry of Corporate Affairs and the Police Personnel be present at the time of conducting the AGM. 7. The respondent Nos. 2 and 3, admittedly, have not executed/complied with the order dated 19.03.2020 in CP No. 142/Chd/Hry/2019 of this Tribunal, till date. The respondent Nos. 2 and 3 through their CA No. 12 of 2021 submit that they are aggrieved with the order dated 19.03.2020 in CP No. 142/Chd/Hry/2019 of this ....
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....cently only, various States have relaxed the Lockdown restrictions and things are coming to normal slowly. Inspite of all this, after the introduction of Unlock 1.0 on 30.05.2020, all the courts including NCLT and Hon'ble NCLAT started functioning through virtual mode, as observed above and the courts are entertaining the petitions/applications/appeals and passing appropriate orders. This includes granting of stay or any appropriate order if an appeal or petition is filed. The respondent Nos. 2 & 3 having been able to file CA No. 12 of 2021 before this Tribunal on 11.02.2021 and contest CA No. 457/2020 cannot justify non-filing of appeal, if aggrieved with the order dated 19.03.2020 in CP No. 142/Chd/Hry/2019 of this Tribunal. Therefore, the submission that they are not under any statutory obligation to implement the orders of this Tribunal till the expiry of the period of limitation to file appeal, is unacceptable and unsustainable. 9. It is true that the Hon'ble Supreme Court in Suo Moto Writ Petition (Civil) No(s). 3/2020 dated 23.03.2020 ordered that "a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Sp....
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....nt of India shall amend the guidelines for containment zones, to state. "Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements." Supreme Court Advocate on Record Association (SCAORA) has now through this Interlocutory Application highlighted the daily surge in COVID cases in Delhi and how difficult it has become for the Advocates-on-Record and the litigants to institute cases in Supreme Court and other courts in Delhi. Consequently, restoration of the order dated 23rd March, 2020 has been prayed for. We have heard Mr. Shivaji M. Jadhav, President SCAORA in support of the prayer made in this application. Learned Attorney General and Learned Solicitor General have also given their valuable suggestions. We also take judicial notice of the fact that the steep rise in COVID-19 Virus cases is not limited to Delhi alone but it has engulfed the entire nation. The extraordinary situation caused by the sudden and second outburst of COVID-19 Virus, thus, requires extraord....