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2010 (2) TMI 588 - HC - Companies LawAction against the three respondents herein under section 340(1) Cr. P.C. read with sections 195(1)(b) and 195(4) Cr. P.C. for their having committed acts of perjury, etc., in the petition under section 397/398 of the Companies Act seeked Held that:- In view of the fact that the respondents Mr. Vinod Surha and Mr. Wadia Prakash have claimed before the Company Law Board to have been appointed as directors in the AGM which they had held on 30-9-2006 showing the petitioner Sonia Khosla also to be present in that meeting, being the shareholder as well as the director of the company, while her passport shows that she had left India on 16-9-2006 and come back on 3-10-2006, this aspect definitely needs to be enquired into. However, before any final decision is taken by this court for exercising the powers under section 340(2) Cr. P.C. for making a complaint to the Magistrate, this court deems it fit to hold a preliminary enquiry for looking into the claim of the petitioner that she was not in India during the period from 16-9-2006 to 3-10-2006 and for that reason she could not have been present in the AGM of the company which respondent Nos. 2 and 3 herein had allegedly held on 30-9-2006 and so the minutes of 30-9-2006 are fabricated. Issue remanded
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