CP NO.80/NP/2015, CA NO.23/2019

Sh. Abhay K. Das, Advocate for petitioners and Sh. Rajnish Sinha, Advocate for respondent arc present.

CA No.23/2019 is filed by the original respondent, seeking rejection of the amended company petition filed by the petitioners in CP No.80/ND/2015 or to pass such as a orders.

Original petitioners filed CA No.21/2017 seeking following reliefs :-

(a) The amendment application may kindly be allowed and the petitioner may kindly be allowed to amend CP No.80/ND/2015, its prayer clause and to place on record additional documents in respect of illegal removal of Mr. Shashi Kant Dikshit from the directorship of the company in the interest of justice.

(b) The alleged board meeting dt. 28.09.15 and resolution if any passed in the said meeting may kindly be declared as null and void.

(c) The alleged notice dt. 25.03.16 and board meeting dt. 31.03.16 and its resolution if any passed in the said meeting may kindly be declared null and void.

(d) The alleged notice dt. 21.07.16 and board meeting dt.29.07.16 and its resolution if any passed in the said meeting may kindly be declared null and void.

(e) The alleged notice dt. 27.08.16 and board meeting dt. 2.09.16 and its resolution if any passed in the said meeting may kindly be declared null and void.

(f) The alleged removal/cessation of Mr. Shashi Kant Dikshit (if any) may kindly be declared null and void.

(g) Pass such other and further orders or directions as may be deemed fit and proper in the facts and circumstances of the case.

It is stated in CA No.23/2019 that in the amended petition at page no.21, last paragraph of paragraph 5(f) is added which reads as follows :

"That the petitioners recently came to know that the land which was purchased by Mrs. Veena Tiwari (wife of respondent no. 2) on 7.1 1.2015 at the cost of Rs. 1.4 cr. has been purchased by the respondent company on 17.04.18 at highly inflated cost of Rs.2.15 cr. while the circle rate of the said is Rs. 1.16 cr. The said land is of no use and that is why at the AGM dt 27.09.15 the proposal regarding purchase of the same land against issuance of shares was rejected. The respondents have continuously been indulged in siphoning of funds through purchase and sale of land through paying exorbitant salary to their kith and kin. A copy of sale deeds relating to purchase and sale of said land is enclosed herewith and marked as Annexure -P-18."

In the counter filed in CA No.23/2019, it is stated that some more facts regarding acquisition of certain property has come to the notice of the original petitioners after the disposal of CA No.21/2017 and therefore they included last paragraph of paragraph 5(f) also.

Last paragraph of paragraph 5(f) which is added in the main petition, which is shown in inverted commas in page 3 of CA No.23/2019 is not at all permitted by this Tribunal in the order passed in amendment application CA No.21/2017. Therefore, in the amended petition to the extent what is mentioned in the inverted commas in page 3 of CA No.23/2019 is struck down, i.e. last paragraph of paragraph 5(f) at page 21 of amended petition.

CA 23/19 Application is disposed off accordingly.

List the matter on 26th April, 2019 for hearing.