TMI Blog2016 (11) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... ury as Managing Director, Niranjan Kumar Maurya as Director and Mr. Rajesh Kumar Ranjan as Director have been added thereby status quo position which ought to be maintained as per the direction of the then Company Law Board has been violated. The Application deserves to be allowed and the resolutions passed at the Extraordinary General Meeting dated 21-9-2015 also deserve to be declared as null and void. Consequently, the names of Mr. Manoj Kumar Chaudhury as Managing Director, Niranjan Kumar Maurya as Director and Mr. Rajesh Kumar Rajan as Director of the Respondent No. 1 company should be deleted from the MCA portal and the names of the respondent Nos. 2, 3, 4 and 5 as the Directors of Respondent No. 1 Company deserves to be restored i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s registered office at Ramswarup Prasad Singh, C/o. Late Ambika Prasad Singh, Near Brahmaasthan Mandir, Dariyapur, Gola Road, Patna Bihar, 800004. The Company, as per the last Annual Return filed by the respondent No. 2 have a total number of valid 119 shareholders and the petitioners comprised a total number of 20 shareholders having 58,069 fully paid up shares out of 1,00,000 numbers of valid authorised, issued and subscribed shares of ₹ 100/- each. As per the averments made by the petitioners the valid authorised share capital of the respondent No. 1 company is ₹ 1 crore, divided into 1,00,000 equity shares of ₹ 100/- each and the valid issued, subscribed and paid up share capital of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d dated 11-7-2013 to maintain the status quo as regards the constitution of Board of Directors of the Company and is still subsisting. The applicants state that the people who have signed the notice are not authorised to call the Extraordinary General Meeting of the Company as they are neither the shareholders nor the Directors of the Company. Proper notice as is required under rules of the Companies Act, 1956 have not been complied with, as proper notice of the agenda and explanatory statement has not been received by the applicants. As such the resolutions passed in the purported Extra Ordinary General Meeting held on 21-9-2015 are illegal, null and void ab initio and in violation of the provisions of the Companies Act. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of Directors be restrained from holding any Board Meeting and any resolution passed by newly constituted Board need not be given effect to. As per petitioner's averment he has no reason to oppose the instant Company Application under reply since in sum and substance the stand of the petitioner with respect to constitution of new Board is the same as of the respondent (R-2). Heard the ld. Counsel of the parties at the time of oral arguments. The petitioner has also agreed with the fact that the purported notice dated 4th September, 2015 for calling Extra Ordinary General Meeting and subsequent resolution of the Extra Ordinary General Meeting was not in consonance with the direction issued by the then Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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