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TaxTMI 
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2022 (11) TMI 701
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....ion 421 of the Companies Act, 2013 has been filed by the Appellants being aggrieved and dissatisfied by the order dated 03.03.2020 passed by the National Company Law Tribunal (Kolkata Bench, Kolkata) in CP No. 651/KB/2020 whereby and whereunder the application filed under Section 213, 241, 242 and 244 of the Companies Act, 2013 by a minority shareholder as well as a director holding 7.29% of the total issued, paid up and subscribed share capital in the Respondent No. 1 company praying for exemption under the proviso to Section 244(1)(a) of the Companies Act, 2013 for enabling him to initiate action against the Respondent No. 1 Company and its Directors and after hearing the parties the Tribunal passed the following orders: "Being p....
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....sets of the company be declared null and void, and the deeds in connection with the same be cancelled and delivered up. d. Injunction restraining the respondents, their men, servants, agents or assigns from involving themselves in or dealing with the affairs of the company in any manner whatsoever and/or in any manner dealing with the assets or investments of the company. e. Injunction restraining the respondents, their men, servants, agents or assigns from dealing with the properties held by the company or interest in any of the property held by the company in any manner whatsoever including the registered office of the company situated at Circular Court, 8, A.J.C. Bose Road, Kolkata-700017. f. Injunction restrai....
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.... including the government authority and other acts of mismanagement and it necessary, an enquiry and/or investigation be ordered by this Hon'ble Tribunal in such regards. n. Injunction restraining the respondents, their men, servants, agents or assigns from filing or uploading any documents or Forms pertaining to the company and its affairs with the Registrar of Companies and/or any other authority. o. Injunction restraining the respondents from altering and/or changing the shareholding pattern of the company in any manner whatsoever. p. Injunction restraining the respondents, their men, servants, agents or assigns from conducting the affairs of the company or intermeddling with the affairs of the company or from ....
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....veyance or executing or performing any agreement, with respect to properties held by the company or interest in any property held by the company. d. Ad interim order restraining the respondents, their men, agents and servants from parting with the possession of any properties held by the company either as owner or under any joint venture agreement and/or agreement for sale, in any manner whatsoever. e. Ad interim order restraining the respondents from entering any agreement or parting with the possession in respect of the registered office of the company situated at Circular Court, 8, A.J.C. Bose Road, Kolkata-700017. f. Special Officer be appointed to take control of the management and affairs of the company, and....
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....ction 244 (1) of the Companies Act, 2013 and admitted the application as per proviso in Section 244(1) of the Companies Act, 2013 and parties were directed to file their reply affidavit and rejoinder and the matter was directed to list for further consideration on 14.05.2020. It is further submitted that in the case of "Archer Power System Pvt. Ltd. Vs. Cascade Energy Pvt. Ltd. and Ors. In Company Appeal (AT) No. 213 of 2017" this Tribunal held that NCLT under Rule 11 of National Company Law Tribunal Rules, 2016 has the inherent powers to pass such orders as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Tribunal. Furthermore, the Tribunal was also of the opinion that the Tribunal has the power to....