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TMI Blog2016 (12) TMI 1096X X X X Extracts X X X X X X X X Extracts X X X X ..... g with the preceding words Member and debentures, that the word "any other person" has to be taken into count as person having commercial interest in the Company by applying the doctrine of ejesdem generis. Since these companies are private limited companies, the parties can only get limited information, however these petitions being decided on the ground that he is not qualified u/s. 163 to seek inspection and copies thereof, the effect of section 610(B) of the Act 1956 has not been dealt with.Accordingly, these Petitions are hereby dismissed making it clear that this petitioner is not qualified to file these petitions under section 163 of the Companies Act 1956. - TCP No. 5/2013, TCP No. 7/2013 & TCP No. 9/2013 - - - Dated:- 7-11-2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears 2011-12, 2010-11, 2009- 10. When he sent another mail dated 19.01.2013 for copies of the same along with a cheque for ₹ 200/- towards advance against statutory fee for supply of copies, then also the Companies failed to provide copies of the same. He further submits that the Company being involved in insider trading, to save the culprits involved in insider trading, the Company has not provided copies till date as asked by him. He says that the Company has indulged in gross irregularities in maintenance of Members Register, therefore, he has asked for copies of the same for the Company is under statutory obligation to furnish the documents to the petitioner within 10 working days form the date of requisition in the light of Sec. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. The only difference between Member or debenture holder and any other person is, first category of persons are entitled for inspection without fee and as to second category 'any other person', is entitled to inspection on payment of fee as prescribed. For the sake of payment only, it was split into (a) and (b). Since many other persons, apart from Member and debenture holder, are happened to have commercial interest in a Company, such as Banker, Creditor, customer, etc., this clause any other person has to be read in the light of doctrine of ejusdem generis, not otherwise. Saying so, the counsel submits that this petitioner being not a Banker, Creditor nor any other person having commercial interest in the Company, the right p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Calcutta passed an order in Philips Carbon Black Limited and Others V/s A.K. Poddar and Another (2011)163 Company Cases 181holding that the Company Law Board can refuse to pass an order if the request is for corrupt purpose, if the requisite is shown to have caused serious prejudice to the Company or its members or Officers, or if the request otherwise appears to be immoral and oppose to public policy. The respondents counsel further submits that there are more than 100 petitions filed by this petitioner u/s. 163 or u/s. 219 of the Companies Act 2013 pending before this Bench alone. All the Petitions are more or less without any reason, it is a unique tactic devised by this petitioner to bully the Companies in the country ..... X X X X Extracts X X X X X X X X Extracts X X X X
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