9911796707
TMI Blog2016 (12) TMI 1096X X X X Extracts X X X X X X X X Extracts X X X X ..... te and last Annual Returns for the year 2011-12, 2010-2011, and 2009-2010 and supply of copies thereof. The Petitioner has remained absent, but for pleadings are complete, since the point in this case being short regarding inspection and supply of copies thereof, this Bench has decided these three cases on merits basing on the pleadings and submissions made by the Respondent Company by invoking Rule 48 of N.C.L.T r/w Explanation to Rule 2 and Rule 3 of Order 17 of C.P.C. The petitioner being common in all these Petitions, their reliefs being common, the counsel appearing on behalf of the Respondents being c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; The Respondents filed replies in all these Petitions with a common defence stating that this petitioner is neither a member nor a debenture holder in any of these three Companies, nor is a person having any commercial interest in any of the aforesaid Companies, therefore, the Companies are not required to provide either inspection or copies of any of the documents sought by the petitioner. The Respondent Companies submit that this petitioner has filed these petitions claiming that he, though not a shareholder, is entitled to seek these reliefs as any other person, since Section 163 confers right upon "any other person" to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eof to "any other person "cannot be invoked by the petitioner herein. The counsel further submits that Section 610(B) of the Companies Act 1956 says that the inspection of the Memorandum of Association, Articles of Association, Register, Index, Balance sheet, Return or any other document maintained in the Electronic form is available to any person as specified in the Rules. Since the Section being subsequently included in the year 2006 by making most of the documents of the Company available to the public for inspection, this Petitioner need not bother the Company or this Tribunal for seeking this relief by filing this petition. Since Section 610(B) starts with a non-obstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e more or less without any reason, it is a unique tactic devised by this petitioner to bully the Companies in the country. In view of the submissions made by the Respondents counsel prays this Bench to dismiss these Company Petitions by imposing heavy costs against this petitioner deprecating him not to file such frivolous petitions any further. Looking at the submissions of the Respondent counsel vis-a'-vis the pleadings of the petitioner, it is an admitted position that this petitioner is not a shareholder in any of the Companies nor did he claim any commercial interest in any of these Companies, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
