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2020 (8) TMI 654 - AT - Companies LawOppression and Mismanagement - wilful disobedience - mis-operation of Locker - appellant is a 3rd party to the proceedings - maintainability of order under Section 241-242, 337 and 339 of the Companies Act, 2013 - HELD THAT:- As far as operation of locker is concerned if the Appellant have ulterior motive then they should have done on the very first day and would not have waited for the subsequent times. We have gone through the Hon’ble Supreme Court judgment delivered of USHA ANANTHASUBRAMANIAN VERSUS UNION OF INDIA [2020 (2) TMI 1081 - SUPREME COURT]. The fact of the two cases are different Ms.Usha Ananthasubramanian was the former MD and CEO of Punjab National Bank for a limited period 2015 to 2017 whereas she was not related party to Directors of M/s.Gitanjali Geems ltd., and the charges on her was “omitted to take precaution or preventive steps to prevent the fraud perpetrated by Mr. Neerav Modi”; whereas in the present case either the money has been transferred by Mr. Ramesh.C.Bawa, or noncompliance of NCLT order has happened. Impleading a party does not mean that charges are proved on them but their presence would enable the court to effectively and adequately adjudicate the matter involved in the case. Appeal dismissed.
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