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TMI Blog2018 (7) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e demise of their elder brother namely Mr. Vithal Patel on 4th April, 2014, the Respondent no. 2 has forcefully taken over the charge of the Company. He has clarified that Respondent no. 2 is son of Late Mr. Vithal Patel. The Petitioner has alleged that R2 has wrongly acted as MD of R1 Company and misused the funds by transferring huge amounts to another Company M/s. Hotel Satyaketu Pvt. Ltd., owned by him. The Petitioner has objected the action of R2 but without any effect. They have also tried to remove R2 as a Director of R1 Company, but against the said decision of the shareholders a case was filed by R2 in CLB and in CP No. 38/2014 obtained stay on the implementation of the said decision. A copy of the said decision bearing C.A. No. 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is concerned, there are no two opinions that a Company incorporated under the provisions of Companies Act should comply with the statutory obligations within the time prescribed. At this preliminary stage, the Respondents have not established whether the due compliance was timely made. Nevertheless, the requirement of the law U/s 96 of Companies Act 2013 is that AGM should be held within the time specified. Due to this reason, it is hereby directed, by invoking the jurisdiction prescribed U/s 97 of Companies Act, 2013, that AGM should be held of R-1 Company within 15 (fifteen) days on receipt of this order. Considering the nature of dispute among the family members, it is hereby directed that the AGM shall be held at the office of the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tors was appointed and the AGM was held. Subsequently, when the application was filed by respondent no. 2 (as arrayed in the petition) the same was rejected. It is claimed that the appellant was one of the directors who was appointed in the AGM alongwith 4 others and being aggrieved he has filed this appeal. 4. The learned PCS claiming to represent respondent no. 1 to 4 is submitting that the order dated 20.01.2017 was passed on the request of the petitioners but they were not allowed to hold the meeting regarding which they have filed the I. A. No. 33/2017 in the NCLT which is pending. It is stated that in spite of directions of NCLT dated 20.02.2017 that the AGM should be held under the supervision of Regional Director, the Regional Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action on the part of the applicant is not at all in pursuant to the directions of this Tribunal dated 20.01.2017 more so when the application of the Respondent no. 2 to restore him as director is pending before Hon ble High Court of Gujarat. Therefore, I see no grounds to admit this application. This application is dismissed. 6. Both the orders speak for themselves. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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