Latest - TMI e-Newsletter
New User/ Regiser
2022 (6) TMI 1049 - Corporate Laws
Head Note / Extract:
Seeking directions to the Respondent No. 2 for handing over the minutes books, statutory registers, and car - illegally retention by Respondent No. 2 or not - HELD THAT:- No consent from any of the shareholders has been submitted by the Petitioner to take cognizance as to the eligibility for the Petitioner to file a petition under Sections 241(1). Sine no consent has been produced by the Petitioner, it is clear that the requirements of Section 244(2) of the Act are not satisfied in this case. A vague submission that all the shareholders expect Respondent No. 2 and one other shareholder namely viz. Mohamed Ibrahim Faizal holding 1 (one) equity share have consented by words to file this Petition cannot be taken as a consent to file a Petition under Section 241(1) of the Companies Act. Therefore, the Company Petition filed by the petitioners is liable to be dismissed as not maintainable. Petition dismissed.