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2017 (9) TMI 1951 - NATIONAL COMPANY LAW TRIBUNAL BENGALURU BENCHWaiver of the requirement in respect of right to apply to the Tribunal under Section 241 of the Act - Section 244 read with Section 241 of Companies Act, 2013 - HELD THAT:- Admittedly, the applicant is not a member. Therefore, the applicant cannot seek waiver of any of the conditions specified in clauses (a) and (b) of Section 244 (1). The proviso also clearly stipulates that the Tribunal may, on an application made to it in this behalf, waive all or any of the requirements specified in clause (a) and (b) so as to enable the members to apply under Section 241. Thus, it is clear that the Tribunal can waive all or any of the conditions to enable the members to apply under Section 241. Thus, waiver can be granted by the Tribunal only on the application filed by a member or members, but, not by a third party. A plain reading of Section 244(1) of Companies Act, 2013 provides that members of a company have a right to apply under Section 241 of the Act. The very opening of Section 244 provides that members of a company have a right to apply under Section 241. A non-member, therefore, cannot apply for waiver under Section 244. The proviso also provides that waiver can be ordered on the application made to the Tribunal by a Member - the contention of the learned counsel for applicant that the proviso to Section 244(1) empowers a non-member to seek waiver since the applicant is a non-member, it cannot maintain this application under Section 244 of Companies Act, 2013, cannot be agreed upon. Application dismissed.
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