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2022 (6) TMI 591 - Corporate Laws
Head Note / Extract:
Maintainability of petition - Seeking to de-register the approved DIR-12 - seeking restoration of name of the Petitioner as Director in the MCA 21 Portal maintained by the Respondent as if his name was not removed - Section 169 of the Companies Act, 2013 read with Rule 11 & 79 of the NCLT Rules, 2016 - HELD THAT:- Upon perusal of Section 169 (4)(b) of Companies Act, 2013 it is unambiguous that any action under the said provision shall be carried against the Company concerned or any other director involved however in the instant matter the Company concerned is not a party to the proceedings - In the instant matter the presence of necessary parties is obviously required for this Tribunal to adjudicate and pass an effective and complete order granting relief as provided under the provision. In the absence of necessary parties, the Tribunal shall not be able to pass an effective Order. This Tribunal is of the view that the concept of non-joinder of parties is that the burden of providing relief should rest upon the Respondent concerned. However, in the instant matter the Petitioner has arrayed the Registrar of Companies, Chennai as respondent leaving out the Company Concerned and other directors involved. This Tribunal, upon perusal of the typed set of papers filed, is of the view that the petition lacks documentary evidences. While taking a closer look on the prayer sought it is observed that the prayer ousts the powers vested with this Tribunal. The Petition stands dismissed for non-joinder of necessary parties and for want of evidence.