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2021 (8) TMI 691

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....ndra Gupta filed the instant CP No. 163/Chd/Hry/2018 under Section 241 and 242 read with Section 128(3) of the Companies Act, 2013 against M/s. Authentic Restaurants Pvt. Ltd. and three others seeking the following reliefs:- "In the facts and circumstances of the present case, the Petitioner respectfully prays that this Hon'ble Tribunal be pleased to: (a) This Hon'ble Tribunal may kindly direct the Respondent No. 1 to 3 to allow the Petitioner to inspect the books of accounts of the Respondent No. 1 Company from 04.06.2015 till date. (b) This Hon'ble Tribunal may kindly direct the Respondent No. 1 to 3 to allow the Petitioner to access all documents, being financial documents, documents in relation to ....

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....along with the Registers maintained in the usual course of business activities. (c) This Hon'ble Tribunal may kindly direct the Respondent No. 1 to 3 to ensure that the Petitioner is called for all meetings conducted by the Respondent No. 1. (d) This Hon'ble Tribunal may restrain Respondent No. 1 to 3 from causing any impediment in the functioning of the Petitioner as a Director. (e) Pass any other order or direction as may be necessary in view of the facts and circumstances of the present case." 4. Heard Mr. Sandeep Bajaj, the learned counsel for the petitioner, Mr. Vaibhav Sharma, the learned counsel for respondent No. 1-M/s. Authentic Restaurants Pvt. Ltd. and Mr. Anand Chhibbar, the learned senior c....

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.... Directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the Registrar a notice in writing giving the full address of that other place: Provided further that the company may keep such books of account or other relevant papers in electronic mode in such manner as may be prescribed. (2) Where a company has a branch office in India or outside India, it shall be deemed to have complied with the provisions of sub-section (1), if proper books of account relating to the transactions effected at the branch office are kept at that office and proper summarised returns periodically are sent by the branch office to the company at its registered office or the other place referred....

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....ch longer period as it may deem fit. (6) If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person of a company charged by the Board with the duty of complying with the provisions of this section, contravenes such provisions, such managing director, whole-time director in charge of finance, Chief Financial officer or such other person of the company shall be punishable [with imprisonment for a term which may extend to one year or] with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees [or with both]. 7. The petitioner claiming to be a nominee Director of M/s. Buddy (Mumbai) Duty Free Services Pvt. Ltd. filed the instant C....