TMI Blog2020 (10) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... eason that the petitioner in TCP/116/KOB/2019 is not made party to the present I.A. The Respondent, however, stated in paragraph 9 of the counter that he is very much willing to provide the access of the website to the Company. But, as the Respondent herein was the Managing Director of the company, he had developed the website in order to publicize the Company and promote its business and the applicants herein have provided no assistance to the respondent and he had developed the website of the Company out of his own costs and effort, for which he was not even been paid till date. The respondent is directed to handover the control and access of the website to the applicants company, provided the applicants pay the remuneration and costs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onwards the website has been blocked. The website is stated as- http://www.Championcare homes.com. 3. It is submitted by the learned counsel, since the affairs of the Company were no longer controlled and supervised by the respondent, the 2nd and 3rd applicants, directors had requested the respondent to update the website in such a manner that client enquiries are directly diverted to the 1st applicant company. The respondent did not accede to any of the requests made by the other directors on several occasions from 26/2/2017 to 27/4/2017. 4. The learned counsel for the applicants further submitted that the company and the promoters are in great loss due to the said action of the respondent as he has refused to grant access till date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty. 7. The Respondent Dr. Essa Mohammed Rafique filed a counter affidavit in response to this I.A and submitted that at the outset the present application is not itself maintainable due to the fact that the TCP/116/KOB/2019 is not maintainable due to the fact that Mr. Sebastian Joseph (herein after referred as Petitioner ) is not even a shareholder of the Company as on date and the has not provided any proof to show that the Petitioner has complied with the provisions of Section 244 of the Companies Act. It is further submitted that the Counsel for the Petitioner had on the previous hearing appeared before this Tribunal, despite the fact that the said Petitioner was not even a party to the proceedings in lA/80/KOB/2020, in order to m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the Respondent was indeed the Managing Director of the Company. He had developed the website in order to publicize the Company and promote its business. The Applicants herein had provided no assistance whatsoever to the Respondent herein and the Respondent had developed the website of the Company out of his own costs and effort, for which the Respondent has not even been paid till date. Also, the costs of maintaining the websites is far higher than the cost of building one, and more so, specifically in Champion Care Homes, as the website had to be updated as per the weekly inputs and directions from the other Directors/shareholders. 10. It is further stated that the Respondent herein is very much willing to provide the access of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly wind up the Company, which is abundantly clear from the fact that the Applicants have passed a Board Resolution to de-register the GST registration of the Company. 14. I have heard the arguments advanced by the learned counsel for both the parties through Video Conferencing and have gone through the pleadings on record. It is seen that the applicants 2, 3 and 4 are not parties to TCP/ 116 /KOB/2019 in which the present IA is filed. Hence on that count itself, the I.A is not maintainable. Moreover, the contentions of the respondent in paragraph 4 of the counter is that the IA is not maintainable for the reason that the petitioner in TCP/116/KOB/2019 is not made party to the present I.A. The Respondent, however, stated in paragraph 9 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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