9911796707
TMI Blog2017 (3) TMI 1863X X X X Extracts X X X X X X X X Extracts X X X X ..... Case was not listed, therefore in the morning at 10.30 Petitioner Counsel mentioned the case in the Court and made a request that as the matter is urgent, the case may be taken up at 12 noon and he could serve the notice on the Respondents regarding this. After taking leave of the Court, he served the notice on the Respondent Company through e-mail whereby the information was sent to the Respondent Company that matter will be taken up on 12 noon today. Though the case was not listed, considering the urgency of the matter, we have taken up the matter today i.e. 10/03/2017. Petitioner Counsel was present today but nobody was present on behalf of the Respondents. Heard the Ld. Counsel of the Petitioner. It appears from the record that this Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally appointed as a director of R-1 company with effect from January 1, 2016. R-5 is a Company Secretary of R-1 Company who has aided and abetted the wrongful acts and misdeeds of R-2 to R-4. Petitioner Claimed that R-1 is a family company where not a single shareholder is outside the Gupta family which is all through a closely held family company in the guise of a partnership. Petitioner has claimed that R-2 to R-4 are now seeking to wrongfully claim exclusive control over R-1 Company and treating as if R-1 Company is their personal property and with this objective are seeking to oust Petitioner as a director from the board of R-l Company. Petitioner has further stated that he has recently received a special notice dated 06/02/2017 issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any. In this notice no explanatory statement is given. Petitioner has also filed notice of board meeting which is at page 484 of the Petition which shows that on 08/02/2017 i.e. just after one day of issuing special requisition by R-2, notice of board meeting was issued on EOGM by R-2 for removing Amit Kumar Gupta as a director of the company. This notice shows that board meeting was scheduled for 17/02/2017. It also appears that Petitioner filed a representation against the proposed removal as director of the R-1 Company. It also appears from the record that EOGM has been called with a specific business to remove the Petitioner as a director of the R-1 Company which is proposed to be held on 15/03/2017 at 2 p.m. So Petitioner prayed that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the explanatory statement for issuing notice for removal of Mr. Amit Kumar Gupta from directorship. Prima facie case is made out on account of the alleged notice which does not contain explanatory statement. ORDER We are of the view that EOGM should not be stayed. In the interest of justice we do not want to stay the proceeding of EOGM but we make it clear that if any EOGM takes place then its resolution shall not be given effect without taking permission from the Tribunal. It is further directed that if the EOGM takes place, then resolution of that meeting 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 affid ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
