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2022 (5) TMI 146 - Tri - Companies LawOppression and mismanagement - fraudulent removal of Petitioner from directorship of the Company by attaching false resignation letters bearing forged signatures of the Petitioners - Section 169 of the Companies Act, 2013 - Respondents have alleged that the land was encroached and occupied in due course and that too due to negligence of the Petitioners - Legality of e-Form DIR-12 filed for the cessation of Petitioner No. 1, 2 and 3 from directorship of the Respondent Company - legality of transfer of shares - HELD THAT:- In the instant case, no evidence has been submitted by the Respondents in relation to compliance of procedural aspects while giving effect to the said resignation. No document relating to meetings of Board of Directors for taking note of the resignations has ever been produced by the Respondents. Moreover, on receipt of complaint from the Petitioners, the Registrar of Companies, Bihar took cognizance in the matter and issued a show cause notice dated 20.06.2019 to the Respondents seeking their reply within 15 days. However, no representation is stated to have been made by the respondents in this regard. Thereafter the ROC marked the R1 Company as "having management dispute". This Tribunal is of the view that due compliance of Section 169 of the Companies Act, 2013 has been done in removal of Respondent No. 2 and 3 from directorship of the Respondent Company. On the above basis, it is proved that the Respondent No. 2 and 3 have committed acts of oppression and mismanagement against Petitioners as well as the Respondent Company. Petition allowed.
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