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2017 (9) TMI 1331 - Tri - Companies LawAlleged acts of forgery - Seeking relief of investigation into the affairs of the Company - Investigation of company's affairs in other cases - unlawfully doing the illegal business in the Company premises - transfer of shares - Held that:- The petitioner has challenged the share transfer by Respondent No.2 in favour of his wife as his consent was not taken. But evidence is produced to show that he was a party to the Board resolution. Article 7 of the Articles of Association of the Company provides for transfer of shares to the wife of a member. So, there is no illegality committed by the member- Respondent No.2 in transferring the shares to his wife Minutes book of Board meeting, original attendance Register, statutory registers, minutes book of AGM and after going through the records produced by the respondents, the petitioner could not make out anything. One thing is that the Company is not at all doing any business. So, the question of tampering with the accounts does not arise. It is a mere apprehension of the petitioner that something has happened with reference to the books of account. The expenditure incurred for obtaining power connection was done only with a view to do his unauthorised business in the Company premises. The Respondents cannot be held responsible for the same. Thus, the petitioner had utterly failed to establish any of the clauses of Section 237(b) of Companies Act, 1956 corresponding to Section 213 of Companies Act, 2013 to order for any investigation into the affairs of the Company as no business is carried out by the Company. Thus, the petitioner has also utterly failed to prove any fraud committed by the Respondents towards the creditors and members in the affairs of the Company. Therefore, the petition is liable to be dismissed.
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