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TMI Blog2020 (8) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... in person. JUDGMENT JUSTICE JARAT KUMAR JAIN, MEMBER ( JUDICIAL ) NCLT Kolkata Bench, Kolkata vide order dated 04.10.2019 decided application of Respondents herein I.A. No.1229/KB/2019 in C.P.No.119/KB/2017 against the order Amit Kumar Gupta, who is petitioner before NCLT, has filed this appeal. 2. Appellant, Amit Kumar Gupta, has filed petition before the NCLT, Kolkata Bench, Kolkata on the ground of oppression and mismanagement inter alia under Section 241 and 242 of the Companies Act, 2013 in relation to the affairs of the LGW Limited (Respondent No.1 company). Respondent No.1 company was incorporated on 31.8.1984 in the name of Laxmi Glass Works P. Ltd. However, subsequently name changed as LGW Limited. It is a close family compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be submitted to the Tribunal within 3 days of the meeting. Petitioner is directed to serve the order of the court to the Respondents through Speed Post and e-mail and file affidavit regarding service of notice within 7 days. Respondents may file their reply within 7 days and thereafter, rejoinder, if any, be filed within 7 days. List the matter for hearing on 29.03.2017" 3. In the light of this order the EOGM was scheduled to be held on 16th March, 2017. In the said Meeting the resolution was passed with 82.42% majority shareholders thereby removing the appellant from the post of directorship but in view of the said interim order dated 14th March, 2017 the resolution was not uploaded with the Registrar of Companies and no effect th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EOGM of the company on the basis of the notices and documents annexed as Annexure 'G' under the Chairmanship of Mr. S.M. Gupta, who is appointed as the Special Officer by this Tribunal and is permitted to take all the necessary which required to hold this EOGM in accordance with the provisions of the Companies Act, 2013 and place before this Tribunal a report about the manner in conducting the EOGM alongwith copies of minutes and the Resolutions if any passed/adopted by the Board of Directors. ii) If any agenda is included in the notice for passing a resolution of the removal of any directors, it should be done in the presence of the Special Officer in pursuance of section 159 of the Act. iii) The fees of the Chairman is fixed at Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rector of the company has taken various steps which are detrimental and prejudicial to the interest not only to Respondent No.1 company but also to the members. In the notice of earlier Agenda of EOGM the reasons for removal of the directorship of appellant was not shown. Therefore, removing these defects new notice has been duly served on the members of the company. NCLT has a vast jurisdiction to pass such an order in the interest of the shareholders of the company. There is no contradiction in the earlier order and the impugned order. By the impugned order Mr. S.M. Gupta is appointed as Special Officer in whose Chairmanship the EOGM will be convened and the appellant has not raised any objection for appointment of Mr. S.M. Gupta before N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trimental and prejudicial to the interest of the Respondent NO.1 company as well as shareholder members. The Respondents are not being allowed to enter into a new project due to appellant/petitioner activities. In this background the Respondent have moved the application IA No.1229/KB/2019 and after considering the submissions NCLT has passed the impugned order. 13. We have considered the submissions in the light of the powers of Tribunal under Section 242(4) of the Companies Act,2013 which empowers the Tribunal that on the application of any party to the proceedings, make an interim order which it thinks fit for regulating the conduct of the company's affairs upon such terms and conditions as appear to it to be just and equitable. 14. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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