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2008 (4) TMI 504 - HIGH COURT OF DELHIAppointment of Directors - Held that:- There is no proof of payment of cash amount and plaintiffs have not disclosed any source where from they got this cash amount. The plaintiffs have not filed their books of accounts, income-tax returns or profit and loss account showing that they had these funds available with them, in cash, which they paid to the farmers. It is also not disclosed by the plaintiffs whether these payments were accounted for in the books of account or not. In absence of any document showing that plaintiffs had available with them huge funds to the tune of several crores of rupees, which plaintiffs allege to have paid in cash, without any proof to the farmers, the court cannot consider this averment of the plaintiffs. Even otherwise, the court cannot recognize the claim of the plaintiffs that the plaintiffs invested 61 per cent, of the sale consideration. This claim of the plaintiffs is made only in the air without any basis, since plaintiffs were not the shareholders of the company. The shareholders of the company have every right to run the company, even without plaintiffs being there as directors. The court cannot interfere in the management of the company and cannot direct a company to induct non-shareholders as directors merely on the basis of allegations that those non-shareholders had invested money from undisclosed sources by undisclosed modes. Thus find no force in the application.
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