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2022 (1) TMI 462 - Tri - Companies LawSeeking direction to 1st Respondent to furnish the copies of the Minutes Book of the Annual General Meetings held since incorporation - denial of the representation twice as per Section 119 (3) of the Company's Act, 2013 - Petitioner's claim is that to the request made by him, no reply is received - HELD THAT:- The minutes book has to be maintained by the Company at their registered office and it shall be made available for inspection to the members on their request. The petitioner itself stated that he made a request through post but the same was returned by the postal authorities - The Respondent is a public Company incorporated on 15.03.1937. The company is required to admit the request made by a shareholder by way of an application to the company specifically stating the reason for refusal of the request within the stipulated time of 7 working days as prescribed under Rule 26 of the Companies Management and Administration) Rules 2014. However, the Respondent Company failed to do so. Thus, the minutes have to be maintained either in physical form or in electronic form. It is not mandatory that minutes has to be maintained in both the modes. The company itself stated that the records/minutes pertaining to the financial year 2018 onwards is available with them. The Respondents contention is that the petitioner has never made any request for inspection or make documents available to him and that the petitioner has never attended any of the AGM held by the Company. There is a dispute whether the petitioner sent any request and whether respondents received the same. This Tribunal cannot make a rowing inquiry into these matters. With regard to the minutes/records of the Financial Years 2015-2016 from the date of incorporation, an investigation is still with police authorities - it cannot be directed that the Respondents to provide these documents to the petitioner now, as the supply of the same will be subject to the outcome of the investigation of the police. There is no mismanagement alleged in this application. This application is disposed off with a direction to the Respondents to provide the documents sought for in this application from the Financial Year 2016-2017 onwards to the petitioner, provided he pays the appropriate fee to the Respondents
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