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2020 (6) TMI 713 - Tri - Companies LawOppression and Mismanagement - siphoning of funds - Illegality or irregularity in calling for convening EoGM - Special notice under Section 169 of the Companies Act, 2013 - HELD THAT:- Nothing was prima facie brought to my notice to prove that as per the terms under the Joint Resolution Plan, P4 can claim any protection of her directorship in a legally constituted Board of R1, especially wherein there is dispute between P-1 and R-2 regarding contribution made by them towards fulfillment of Resolution Plan. At this juncture the Ld.Sr.Counsel for R2 submits that the Liability under the Resolution Plan has already been discharged. The said submission was not countered from the side of the petitioner. Moreover if any breach of resolution plan, the remedy available to the aggrieved parties is elsewhere. The management of the affairs of the Company like the Company in hand cannot be touched by the Tribunal unless a very extreme case of injustice or unfairness is brought to the notice of this tribunal with sufficient materials. In the absence of such material, that the EoGM to be held was on complying all the requirements to be meted out for proposing a resolution for the removal of P4, this is not a fit case to allow the interim relief asked for on the side of the petitioner. Application dismissed.
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