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TMI Blog2022 (6) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the name of the Petitioner as Director in the MCA 21 Portal maintained by the Respondent as if his name was not removed; c) To pass such or other orders or direction/directions as this Hon'ble Tribunal deems fit and proper on the circumstances of the case and thus render justice. 2. The Company Viz., M/s. Herb Nutra Lab Private Limited (hereinafter referred to as 'the Company') was incorporated under the provisions of the Companies Act, 2013 on 15.12.2017 with CIN U15130TN2017PTC120012 and having its registered office at No. 2/169, Velchai Kolathur, Kancheepuram - 600 127. The Petitioner herein along with one Mr. Ragu are the Promoters/Directors of the Company. 3. The Company was incorporated for the purpose of carrying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er promoter/Director of the Company Mr. Ragu had conspired and inducted two new persons as directors by removing the name of the petitioner herein as the director of the Company by creating forged and manipulated documents in the MCA e-portal with the help of Mr. Ramachandran Giridharan and Ms. Sowmya Parasuraman Charted Accountant and Company Secretary respectively. 5. The Learned Counsel for the Petitioner had further averred that the Petitioner herein had preferred a criminal complaint in CMP No. 1918/2020 on 14.02.2020 before the Hon'ble Judicial Magistrate -I, Chengalpattu in which directions were issued to the SHO, Kelambakkam Police Station to investigate into the matter and file a report accordingly. Subsequent to the investiga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had suggested the Ministry of Corporate Affairs, Government of India with regard to De-register of DIR-12 Form SRN No. R30767263 filed for illegal removal of the complainant Sh. Shahul Hameed to approach the appropriate Court of Law and get orders from the Judiciary to de-register the approved DIR-12 Form SRN No. R30767263 dated 30.01.2020. The Ministry vide letter dated 24.09.2020 has agreed the view of the Directorate (Southern Region), Chennai" 9. Heard the Counsel for the Petitioner, perused the documents on record. Before moving into the merits of the instant matter, the issue of maintainability of the instant petition is to be decided. We have carefully gone through Section 169 of the Companies Act, 2013. The provision of section 169 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the company and requests its notification to members of the company, the company shall, if the time permits it to do so,- (a) in any notice of the resolution given to members of the company, state the fact of the representation having been made; and (b) send a copy of the representation to every member of the company to whom notice of the meeting is sent (whether before or after receipt of the representation by the company), and if a copy of the representation is not sent as aforesaid due to insufficient time or for the company's default, the director may without prejudice to his right to be heard orally require that the representation shall be read out at the meeting: Provided that copy of the representation need not be sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny other appointment terminating with that as director; or (b) as derogating from any power to remove a director under other provisions of this Act. 10. Upon perusal of the above mentioned provision and more particularly Section 169 (4)(b) of Companies Act, 2013 it is unambiguous that any action under the said provision shall be carried against the Company concerned or any other director involved however in the instant matter the Company concerned is not a party to the proceedings. In the instant matter the presence of necessary parties is obviously required for this Tribunal to adjudicate and pass an effective and complete order granting relief as provided under the provision. In the absence of necessary parties, the Tribunal shall not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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