9911796707
TMI Blog1989 (9) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... y, is an ex-employee of the respondent-company. Many of the facts are not in dispute and they are as under; he was employed as a full-time technical director on a specified salary and allowances and other perquisites that went with it. In accordance with the requirements of the Companies Act and the Rules made thereunder, his appointment was approved by the Company Law Board. After the first perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in that behalf is also not disputed. The agreement itself is not produced by the petitioner. However, he has filed an application to summon that agreement from the respondent-company. I do not think that this court should embark on an investigation of the terms of the agreement until the petitioner establishes that he has the locus standi to present a petition in this court under section 433 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been made by the company at its general meeting. If that is not done, this court cannot investigate the claims for compensation for loss of office on account of his resignation whatever the provocation or reason may be, then grant him compensation, thereafter treat him as a creditor and then wind up the company for non-payment thereof. They are duties entrusted to the civil court which must loo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is submitted by learned counsel for the respondent that whatever was admitted to be due to the petitioner as arrears of salary has been paid after the presentation of this petition in this court and that is not disputed by counsel for the petitioner. In that view of the matter, this company petition is not maintainable and for that reason, it is dismissed. The application filed to summon do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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