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2021 (11) TMI 1050 - Tri - Companies LawAppointment of one or more competent persons as Inspectors to investigate the affairs of the 1st respondent Company - seeking direction to 1st respondent to reimburse and compensate the petitioner - Section 213 of the Companies Act, 2103 r/w Rules 11, 13, 14, & 80 of the NCLT Rules, 2016 - HELD THAT:- The present Petition falls under sub-section (b) of Section 213 of the Companies Act, 2013 and as per the said Section the Petitioner is required to satisfy this Tribunal that there are circumstances suggesting that the business of the 1st Respondent company is being conducted with intent to defraud its creditors, members or any other person or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive to any of its members or that the company was formed for any fraudulent or unlawful purpose. All the averments made in the Petition by the Petitioners are not supported by any material documents in order to substantiate such allegations. The documents filed by the Petitioner and listed in para 17 supra and a perusal of the said documents filed along with the Petition would show that the allegations made by the Petitioner are not corroborated with the documents filed therewith. Prima facie, the Petitioner has miserably failed to make out a case under Section 213(b) of the Companies Act, 2013 and has also failed to satisfy this Tribunal that the affairs of the 1st Respondent Company have been conducted in a fraudulent manner or unlawful purpose and on the said count itself this Petition is liable to be dismissed. The Petition as filed by the Petitioner under Section 213 of the Companies Act, 2013 stands dismissed.
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