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2018 (7) TMI 396 - AT - Companies LawMaintainability of appeal - appeal over the rejection of application filled by someone else - Held that - The appellant was not party in the Company Petition nor the applicant whose application has been rejected. We find that there is no case made out for this Appellate Tribunal to directly entertain the appeal of this appellant and decide the issues which are being raised. It is for the appellant to move appropriate forum for appropriate relief if he is aggrieved. The appellant cannot file the appeal over the rejection of application which was application filed by somebody else. He cannot maintain appeal from order of rejection of an application to which he was not party, nor the company petition in which it was filed. The appellant says that the Company Secretary cannot appear for the company. The Company Secretary says that the company is represented by the 3 Directors respondent nos. 2 to 4 who are marked as disqualified but on filling of returns their case is under reconsideration. The Company Secretary however accepts that he has not filed memo for Respondent no.1. We are not entering into this controversy.
Issues:
1. Dismissal of application I.A 252/2017 filed by respondent no. 2 in the company petition. 2. Appointment of new directors and holding of AGM. 3. Rejection of application seeking direction to ROC Ahmedabad. Issue 1 - Dismissal of application I.A 252/2017: The appeal was filed against the dismissal of the application I.A 252/2017 by respondent no. 2 in the company petition. The NCLT had earlier passed an order on 20.01.2017 directing the holding of an AGM and ensuring statutory compliance by the company. The appellant, not a party to the initial application, claimed to be one of the directors appointed during the AGM held in compliance with the NCLT order. However, the NCLT dismissed the application I.A 252/2017 seeking direction to ROC Ahmedabad for filing forms related to the AGM, as it was not in line with the NCLT's directions and when the application of respondent no. 2 was pending in the High Court of Gujarat. Issue 2 - Appointment of new directors and holding of AGM: The NCLT's order dated 20.01.2017 directed the holding of an AGM within a specified time frame, under the supervision of the Regional Director, Ministry of Corporate Affairs. The order emphasized the importance of complying with statutory obligations and conducting the AGM lawfully to ensure the company's proper functioning. The NCLT highlighted the need for maintaining peace and harmony during the AGM and appointed the Regional Director to supervise the meeting. The NCLT granted ad-interim relief and scheduled a hearing for the case. Issue 3 - Rejection of application seeking direction to ROC Ahmedabad: The application seeking direction to ROC Ahmedabad to file forms related to the AGM and appoint new directors was dismissed by the NCLT. The NCLT found that the actions taken by the applicant were not in line with its previous directions and were pending in the High Court of Gujarat. The NCLT emphasized that the appellant, not a party to the initial application or the company petition, could not directly appeal the rejection of the application. The NCLT rejected the application and maintained that the appellant should seek relief through the appropriate forum if aggrieved. In conclusion, the Appellate Tribunal found that the appellant, not being a party to the initial proceedings, could not directly appeal the rejection of the application. The Tribunal emphasized the need for parties to seek appropriate forums for relief and declined to interfere with the impugned orders. The appeal was rejected, with no costs awarded.
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