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2021 (4) TMI 630 - Tri - Companies LawOppression and Mismanagement - basic bone of contention in the application is that the deceased father of the Petitioner was illegally removed from the office of the Managing Director on 3rd July, 1986 by father of the Respondent No.3 and late Pramod Kumar Roy and since then the company is functioning without Managing Director - HELD THAT:- The original case [CP No.80/2000] T.P.No.26/GB/2016 filed by Late Kamakhya Kumar Roy under Section 397/398 of the Companies Act, 1956 (Sections 241-242 of the Companies Act, 2013) needs to be heard without further loss of time. We do not find any reason not to substitute Shri Sajay Kumar Singh in place of his deceased father to continue this case filed under Section 397/398 of the Companies Ac, 1956. This Tribunal is also having power to waive all or any of the requirements specified in Clause (a) or Clause (b) of Section 244 of the Companies Act to maintain an application under the above Section. The prayers made to declare the petitioner that he has no locus standi to maintain the petition is rejected.
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