9911796707
TMI Blog2025 (1) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... d on behalf of the Writ Petitioner seeking the following reliefs:- "a. To issue a writ of mandamus and/or Quo Warranto or any other writ in the nature of mandamus and/or Quo Warranto for directions for Respondent No. 2 for holding the Respondent No. 3 liable for default in holding the Annual General Meeting; b. To hold Annual General Meeting immediately in accordance with rules governing the same." 4. Learned counsel on behalf of the Petitioner has submitted that Respondent No. 3-M/s Roshnara Club Ltd. is duly constituted under the Companies Act, 1956. Petitioner is a member of the Respondent No. 3 Club and has substantial interest in the affairs and businesses of the Club. He was also an erstwhile Committee member. At present, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is continuing to function, even though it is functus officio. 8. The Petitioner has further claimed that the Managing Committee and its Directors are misusing their position of power and their access to Respondent No. 3, to support their corrupt and personal gain practices. The Ministry of Corporate Affairs conducted an investigation of the Books and Papers of the Respondent Company under Section 206 (5) of the Companies Act, 2013 and Preliminary Report dated 22.12.2022 was submitted confirming the corrupt malpractices of the Respondent Club and of the Managing Committee and its Directors. The Forensic Audit Report and the Annual Report further confirms the malpractices and corruptions in the affairs of day-to-day business of Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Constitution of India, an irreversible damage would be caused to the Company. 11. The Petitioner has thus, asserted that he has no other alternate efficacious remedy but to approach this Court under the Writ jurisdiction. 12. The learned counsel on behalf of the Respondent Nos. 1 & 2 had appeared on Advance Notice. It was vehemently contended that Section 97 of the Companies Act, 2013 provides that if there is any default in holding of AGM of a Company under Section 96, the Tribunal may, notwithstanding anything contained in the Act or the Articles of the Company, on an Application of any member of the Company, call or direct the calling of Annual General Meeting of the Company and give such ancillary or consequential directions as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 96, 97 and 98. 18. The Petitioner herein in accordance with the scheme of the Companies Act, has rightly approached the NCLT with a Petition under Section 241 of the Companies Act, 2013 wherein admittedly one of the five Reliefs claimed are for holding of the Annual General Meeting. Though the waiver has not been granted to the Petitioner since the Petition was not supported by 1/5th members of the Company, however, Section 421 of the Companies Act, 2013 clearly provides for a remedy by way of an Appeal to Appellate Tribunal. The Petitioner himself has submitted that he intends to approach the NCLAT for redressal of his grievances of rejection of petition under Section 241 of the Companies Act, by NCLT. 19. From the submissions of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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