Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2021 (6) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 731 - Tri - Companies LawSeeking grant of stay on AGM to be held - subsequent events of acts of oppression and mismanagement occurred in the Respondent Company while conducting the Annual General Meetings - HELD THAT:- In the present case, while discussing the scope of permitting amendments, this Tribunal examined whether the proposed amendment substantiate, elucidate and expand the pre-existing facts already contained in the original pleadings. In the application, the Applicant alleges the subsequent events of acts of oppression and mismanagement occurred in the Respondent Company while conducting the Annual General Meetings. It appears from the records that the original Company Petition was filed on 03.07.2019 before the Chennai Bench. The Applicant alleged procedural irregularities occurred while convening the Annual General Meetings to avail the benefit of the "Companies Fresh Start Scheme 2020" for the financial years 2015-2016, 2016-2017, 2017-2018, 2018-2019 according to the Companies Act, 2013. The complaint of the Applicant in the Original Company Petition is that no AGM for the Financial Years 2015-2016 and 2016-2017 was conducted. This Tribunal is of the opinion that only based on the conclusion that whether the petition is maintainable or not, then only subsequent events can be considered to do complete justice between the parties and to make appropriate orders for removing the oppression and mismanagement in the Respondent Company - Application dismissed.
|