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2021 (2) TMI 1273 - Tri - Companies LawSeeking for rectification of Register of Members of the Applicant Company - cancellation of excess shares allotted to Respondent No. 1 - section 59 of the Companies Act,2013, R/ w Rule 70 of the NCLT, Rules 2016 - HELD THAT:- The Applicant has not impleaded necessary Party i.e. RBI, on whose letter, the instant Application has been filed. The RBI has refused to accept the request of the Applicant - without approaching the Registrar of Companies, present Application has been filed contending that they have received no objection from Respondent No. 1 (Zephyr Peacock India) vide their letter dated 13thDecember, 2019. And they have also sought an order the requirement of advertisement to be published as per Rule 70 read with Rule 35 of the NCLT, 2016 be dispensed with and is not required to be convened. The Second Respondent could not examine as to whether the issue in question would fall within their purview/jurisdiction or not. Therefore, they have filed formal reply without adverting the main issue in question. RBI, has refused to accept the request of the Applicant to accept the violation of FEMA Regulations by saying it is responsibility of Applicant to adhere to those Regulations - filing of instant Company petition is misconceived, not maintainable, and it is liable to be dismissed. Petition dismissed.
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