TaxTMI 
TaxTMI 
2024 (8) TMI 1218
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...., New Delhi, ('CLB' hereinafter) whereby the learned CLB has dismissed the said petitions filed by the appellant herein under Sections 397, 398, 402 & 403 of Companies Act, 1956 2. In 1996, the appellant herein started her proprietary business of dealing in consultancy services for export and import of goods under the name "Leptons". The respondent no.1 herein was incorporated on 23rd October, 2003 at the instance of respondent no. 2, wherein the appellant and respondent No. 2 are the only directors and shareholders. In the said company, the appellant held 1000 shares (10%), while respondent no. 2 held 9000 shares (90%). The appellant was also an authorised signatory for the Company's bank account, subsisting with HDFC Bank, Old Rajind....
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....10 under Sections 397, 398, 402, and 403 of the Companies Act, 1956, before the learned CLB seeking the said relief. 8. Pursuant to the proceedings, the learned CLB dismissed the petition vide order dated 2nd December, 2015, directing the appellant to seek redressal before the Civil Court. 9. Aggrieved by the same, the appellant has filed the instant appeals. 10. The learned counsel appearing on behalf of the appellant submitted that the learned CLB erred in holding that it lacks jurisdiction to adjudicate the issue of forgery of documents. 11. It is submitted that the persons approaching the forum under Companies Act, 1956 are required to file a petition in the concerned civil Courts if their grievance is beyond the scope of the learne....
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....itted that the said allegations are subject to scrutiny by the Court and since the learned CLB is not equipped to do so, it rightly dismissed the petition due to lack of jurisdiction. 20. It is submitted that the judicial dictum as laid down by the National Company Law Tribunal ('NCLT' hereinafter)as well as the other appellate authorities makes it clear that the CLB/NCLT cannot determine the issues raised by the appellant herein. 21. In view of the foregoing submissions, the learned counsel for the respondents submitted that the present appeals being devoid of any merit may be dismissed. 22. Heard the learned counsel for the parties and perused the records. 23. The instant appeals are admitted. 24. Since the instant appeals arise out ....
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....s orders in the petition or application. (2) Without prejudice to sub-rule (1), the Bench may, for the purpose of inquiry or investigation, as the case may be, admit such documentary and other mode of recordings in electronic form including e-mails, books of accounts, book or paper, written communications, statements, contracts, electronic certificates and such other similar mode of transactions as may legally be permitted to take into account of those as admissible as evidence under the relevant laws. (3) Where any party preferring or contesting a petition of oppression and mismanagement raises the issue of forgery or fabrication of any statutory records, then it shall be at liberty to move an appropriate application for forensic exami....
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....ertaining any information which in the opinion of the Tribunal is necessary for the purpose of enabling it to pass orders and where any party preferring or contesting a petition of oppression and mismanagement raises the issue of forgery or fabrication of any statutory records, then it shall be at liberty to move an appropriate application for forensic examination and the Tribunal hearing the matter can allow the petition if it think so." 29. Therefore, the application of the above said principle to the cases involving forensic examination makes it clear that the learned Tribunal i.e. the NCLT is well within its power to examine the allegations of forgery. 30. The learned counsel for the respondents vehemently opposed the jurisdiction and....
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....ation to the facts of the case, if this Bench is in a position to come to a conclusion or determination to say what would be the truth in the case, then only the Company Law Board would take a decision over facts. When the case is solely on forgery and fabrications, these issues are to be decided by a Trial Court by holding a trial over the facts in dispute. 36. Therefore, these two Company Petitions CP 58 (ND)/ 2010 and CP 59 (ND)/ 2010 are hereby dismissed, giving liberty to the petitioner to place her grievance before Civil Court on the same cause of action." 3. Being thus aggrieved by the impugned order dated 02-22-2015 in C.P. No. 59 (ND)I 2010, the present appeal is filed on the following among other grounds. These grounds are taken....