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2018 (3) TMI 1715 - Tri - Companies LawRequirements for filing petition - waiver of the requirements of clause (a) sub-section (1) of section 244 - applicant/petitioner is a promoter shareholder of the first respondent-company and is holding 7.79 per cent. of the total shareholding of the first respondent-company, which lacks the requisite percentage of shares of 10 per cent - Whether the applicant/petitioner has made out a case for grant of waiver under the proviso to sub-section (1) of section 244 of the Companies Act, 2013? Held that:- It is an admitted fact that the respondents have raised the issue that the original application was filed in Form NCLT-I, instead of the format prescribed under rule 83A of the National Company Law Tribunal Rules (Form NCLT-9). The revised application has been filed by making compliance with the National Company Law Tribunal Rules, the content of which are substantially the same, no new cause of action has been pleaded therein. The second objection raised is about the reference to TPCPL, a third company which is falling outside the jurisdiction of this Bench - In order to explain the factual aspects, the applicant/ petitioner has made a reference to the third entity, i.e., TPCPL, which appears to be plausible. Another objection has been raised by the respondents/respondents in their reply that the applicant/petitioner has approached this Bench for purely directorial dispute and no case of oppression is made out. In this connection, it has been submitted by the applicant/petitioner that the charges framed against the applicant/petitioner are malicious, without valid reasons, and alleged grounds relating to his removal, are false. In such circumstances, the acts of the respondents/respondents amount to oppression. There appears force in the submissions of the applicant/petitioner. The factors indicated by the hon'ble National Company Law Appellate Tribunal, while deciding the case of Cyrus Investments P. Ltd. v. Tata Sons Ltd. [2017 (9) TMI 1500 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI], are satisfied by the applicant/petitioner - application allowed - the registry is directed to register the petition and list.
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