TMI Blog2017 (11) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... nder proviso to sub-section (1) of Section 244 fell for consideration before this Appellate Tribunal in “Cyrus Investments Pvt. Ltd. & AJqR. Vs. Tata Sons Ltd. & Ors. - [2017 (9) TMI 1500 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] As the impugned order(s) are a nonspeaking order, we have no option but to set aside the impugned orders both are set aside. - Company Appeal (AT) No. 257 of 2017 And Company Appeal (AT) No. 258 of 2017 - - - Dated:- 5-10-2017 - Mr. S.J. Mukhopadhaya, Mr. A.I.S. Cheema And Mr. Balvinder Singh For The Appellant : Mr. Rana Mukherjee, Senior Advocate with Mr. Goutham Shivshankar and Ms. Sreoshi Chatterjee, Advocates. For The Respondents : Mr. Anirudh Wadhwa and Mr. Bhargava Thali, Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Put up on 27.07.2017 at 10:30A.M. 3. In Company Appeal (AT) No. 258 of 2017, similar order has been passed by the Tribunal waiving the requirements under sub-section (1) of Section 244 of the Companies Act, 2013. The order dated 14th July, 2017 passed in CA No. 121/2017 reads as follows: - Counsel for Petitioner present. Counsel for R2 present. Counsel for Applicant prayed for waiver of the requirements under section 244 of the Companies Act for the purpose of filing Petition under section 241(1). We have heard both the sides. The Petitioner made out the case for grant of waiver under section 244. We grant the waiver of the requirements under section 244(a) by allowing the Application. Keeping in view the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Central Government was empowered to permit the ineligible member(s) to file an application for 'oppression and mismanagement' by its executive power. Under proviso to sub-section (1) of Section 244 now the Tribunal is required to decide the question whether application merits 'waiver' of all or any of the requirements as specified in clauses (a) and (b) of sub-section (1) of Section 244 to enable such member(s) to file application under Section 241. Such order of 'waiver' being judicial in nature, cannot be passed by Tribunal, in a capricious or arbitrary manner and can be passed only by a speaking and reasoned order after notice to the (proposed) respondent(s). The basic principle ofjustice delivery system ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al before forming its opinion as to whether the application merits 'waiver' of all or one or other requirement as specified in clauses (a) and (b) of sub-section (1) Section 244:- ( i) Whether the applicants are member(s) of the company in question? If the answer is in negative i.e. the applicant(s) are not member(s), the application is to be rejected outright. Otherwise, the Tribunal will look into the next factor. ( ii) Whether (proposed) application under Section 241 pertains to 'oppression and mismanagement'? If the Tribunal on perusal of proposed application under Section 241 forms opinion that the application does not relate to 'oppression and mismanagement' of the company or its members and/or is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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