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2020 (8) TMI 651 - AT - Companies LawMaintainability of application - whether an employee of the Respondent No. 1 - a Public Sector Undertakings is eligible to file application under Section 213 (b) (ii) of the Companies Act? - HELD THAT:- Perusal of the relevant portions of Section 213 show that what is material is the “satisfaction” of the NCLT that there are circumstances suggesting that the persons concerned in the management of the affairs of the company are guilty of misfeasance or other misconducts towards the company which Appellant claims is fraudulent mismanagement. In the context of the present matter this is the only relevant aspect. Thus important is the satisfaction of the Learned NCLT. We find that NCLT has given reasons for its non-satisfaction, which cannot be said to be baseless. Going through the material, it appears to us also that the Appellant has grudge against the Respondent No. 2 employee regarding overtime and other benefits Respondent No. 2 received in performing his job over number of years. The allegations made by the Appellant are quite sweeping in nature. The case put up by the respondents before Learned NCLT shows that the Appellant was also part of maintenance team on several occasions and although he is only 8th standard pass and was appointed as an unskilled worker he had also received similar benefits. The respondents put up the case before the Learned NCTL that the teams deployed for carrying out the maintenance jobs were under the direct supervision of AME/Engineer-in-chief who alone was incharge and responsible for the job. For such “maintenance and inspection” the team used to include even non-technical employees for assistance. The Appellant failed to bring material which could invoke satisfaction of existence of circumstances to initiate action under Section 213 of the Act. The Learned NCLT rightly dismissed the Application with costs.
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