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2020 (10) TMI 121 - Tri - Companies LawRestoration of company website in such a manner that client enquiries are directed to the petitioner company - direction to handover control and access of the web site to the petitioner company - direction to abstain from obstructing smooth operations of the petitioner Company in any manner - HELD THAT:- It is seen that the applicants 2, 3 and 4 are not parties to TCP/ 116 /KOB/2019 in which the present IA is filed. Hence on that count itself, the I.A is not maintainable. Moreover, the contentions of the respondent in paragraph 4 of the counter is that the IA is not maintainable for the reason that the petitioner in TCP/116/KOB/2019 is not made party to the present I.A. The Respondent, however, stated in paragraph 9 of the counter that he is very much willing to provide the access of the website to the Company. But, as the Respondent herein was the Managing Director of the company, he had developed the website in order to publicize the Company and promote its business and the applicants herein have provided no assistance to the respondent and he had developed the website of the Company out of his own costs and effort, for which he was not even been paid till date. The respondent is directed to handover the control and access of the website to the applicants’ company, provided the applicants pay the remuneration and costs the respondent had incurred in web designing, developing, twice re-designing and rebuilding it from scratch at the insistence of the other directors/shareholders, and maintaining it for four years from 2013 to 2017. Application disposed off.
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