AI Drafter 
TaxTMI 
TaxTMI 
2022 (6) TMI 591
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....m SRN No. R30767263 dated 30.01.2020; b) Restore the name of the Petitioner as Director in the MCA 21 Portal maintained by the Respondent as if his name was not removed; c) To pass such or other orders or direction/directions as this Hon'ble Tribunal deems fit and proper on the circumstances of the case and thus render justice. 2. The Company Viz., M/s. Herb Nutra Lab Private Limited (hereinafter referred to as 'the Company') was incorporated under the provisions of the Companies Act, 2013 on 15.12.2017 with CIN U15130TN2017PTC120012 and having its registered office at No. 2/169, Velchai Kolathur, Kancheepuram - 600 127. The Petitioner herein along with one Mr. Ragu are the Promoters/Directors of the Company....
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.... employees of a Company called M/s. Wellness Noni Limited. It is further submitted that the other promoter/Director of the Company Mr. Ragu had conspired and inducted two new persons as directors by removing the name of the petitioner herein as the director of the Company by creating forged and manipulated documents in the MCA e-portal with the help of Mr. Ramachandran Giridharan and Ms. Sowmya Parasuraman Charted Accountant and Company Secretary respectively. 5. The Learned Counsel for the Petitioner had further averred that the Petitioner herein had preferred a criminal complaint in CMP No. 1918/2020 on 14.02.2020 before the Hon'ble Judicial Magistrate -I, Chengalpattu in which directions were issued to the SHO, Kelambakkam Police ....
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....ed 19.10.2020 had communicated to the Petitioner the "the Directorate vide its letter dated 16.06.2020 had suggested the Ministry of Corporate Affairs, Government of India with regard to De-register of DIR-12 Form SRN No. R30767263 filed for illegal removal of the complainant Sh. Shahul Hameed to approach the appropriate Court of Law and get orders from the Judiciary to de-register the approved DIR-12 Form SRN No. R30767263 dated 30.01.2020. The Ministry vide letter dated 24.09.2020 has agreed the view of the Directorate (Southern Region), Chennai" 9. Heard the Counsel for the Petitioner, perused the documents on record. Before moving into the merits of the instant matter, the issue of maintainability of the instant petition is to be dec....
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....been given of a resolution to remove a director under this section and the director concerned makes with respect thereto representation in writing to the company and requests its notification to members of the company, the company shall, if the time permits it to do so,- (a) in any notice of the resolution given to members of the company, state the fact of the representation having been made; and (b) send a copy of the representation to every member of the company to whom notice of the meeting is sent (whether before or after receipt of the representation by the company), and if a copy of the representation is not sent as aforesaid due to insufficient time or for the company's default, the director may without....
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....erson removed under this section of any compensation or damages payable to him in respect of the termination of his appointment as director as per the terms of contract or terms of his appointment as director, or of any other appointment terminating with that as director; or (b) as derogating from any power to remove a director under other provisions of this Act. 10. Upon perusal of the above mentioned provision and more particularly Section 169 (4)(b) of Companies Act, 2013 it is unambiguous that any action under the said provision shall be carried against the Company concerned or any other director involved however in the instant matter the Company concerned is not a party to the proceedings. In the instant matter the presence....