Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2016 (11) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 1452 - Tri - Companies LawRequirements laid down under section 244 to file the company petition under Companies Act 2013 - petitioner as religious and charitable institution - Held that:- The petition, in essence, is a representative petition which falls within the purview of order 1, rule 8 of the Code of Civil Procedure, 1908. The petitioner represents a large number of persons who have a common interest in R1-company which is a religious and charitable institution and admittedly, a public trust. Once, it is established that R1-company is a charitable institution which caters the needs of the beneficiaries/stakeholders, the properties of such religious and charitable trust must be protected jealously. In view of the factual and legal position stated above, it is of the view that it is a fit case where all the requirements laid down under section 244(1)(b) of the Act, 2013 for filing company petition under section 241 of the Act, 2013 need to be waived off. The proviso to section 244 must be interpreted liberally so as to advance the cause of justice. Under the attending circumstances, the company petition cannot be dismissed at the threshold because it requires a detailed enquiry into the matter complained of and, thus, in exercise of the powers conferred under proviso to section 244 of the Act, 2013, I waive all the requirements of section 244(1)(b) of the Act, 2013 by treating the company petition under order 1, rule 8 of the Code of Civil Procedure, as a representative petition read with section 241 of the Act, 2013 for the purpose of proceeding to enquire into the matter complained of. Thus, the company petition is held maintainable. Any of the observations made above shall have no bearing on the merits of the case. Since the company petition is held maintainable and in the given circumstances there is an urgent need to regulate the affairs of R1-company. Thus, proceed to remove all the directors and managing committee including office bearers by appointing hon'ble Justice Shri K. Samanth (Retd.) as the chairman who is authorised to nominate four suitable persons to be chosen from the sub-units/Dioceses of Churches and three office bearers. The chairman will recommend the names of the persons to this Tribunal for appointment as director and as office bearers, respectively. The remunerations of directors and office bearers shall be fixed by the chairman
|