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TMI Blog2018 (3) TMI 1609X X X X Extracts X X X X X X X X Extracts X X X X ..... ication. - C.P/C.A. No. 04(ND)/2010 - - - Dated:- 26-3-2018 - CHIEF JUSTICE (RTD.) M. M. KUMAR PRESIDENT AND S. K. MOHAPATRA MEMBER (TECHNICAL) For the Petitioner(s):- Mr. Virendra Ganda, Senior Advocate with Mr. Yogesh Jogia, Mr. Atul Sharma and Mr. Nitesh Jain, Advocates Mr. Pradeep Dhingra, Chartered Accountant For the Respondent(s):- Mr. Nidesh Gupta, Senior Advocate, Mr. Arun Kathpalia, Senior Advocate with Mr. Rajnish Sinha, Mr. Nikhil Jain, Mr. Sumit Malhotra and Mr. Vriti Gujral, Advocates ORDER Notice of the application. A copy of the application was furnished to the respondents by the applicant on 20.03.2018. Reply to the application be filed within ten days with a copy in advance to the other side. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent on 05.03.2018 to be held on 29.03.2018 at 3.00 pm Directors report 20.02.2018 for the ended year 31.03.2013 Auditors Report dt. 20.02.2018 for the year ended 31.03.2013 5. Notice of 39th AGM sent on 05.03.2018 to be held on 29.03.2018 at 3.30 pm Directors report 20.02.2018 for the ended year 31.03.2014 Auditors Report dt. 22.02.2018 for the year ended 31.03.2014 6. Notice of 40th AGM sent on 06.03.2018 to be held on 30.03.2018 at 3.00 pm Directors report dt. 03.03.2018 for the year ended 31.03.2015 Auditors Report dt. 03.03.2018 for the year ended 31.03.2015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,56,052 1,78,026 c) Vee Tech Software Ltd. (fully paid-up) 10 200 2,000 200 2,000 d) Intravest (India) Ltd. (fully paid-up) 10 25,000 2,50,000 25,000 2,50,000 e) Columbia Trading Co. Ltd. (fully paid-up) 10 84,244 2,55,260 84,244 2,55,260 f) Mittal Tower Premises Cooperative Society Ltd., Murnbai 50 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounts. The deficiencies pointed out by the auditors (at page 157) and some of them are as under:- D. Bank balance confirmation certificate/ bank statements as on 31.03.2009 are not available hence bank reconciliation is not verified. E. Lease deed/ sale deed of flat in Mittal Tower Mumbai not available. Hence, ownership is not verified. However, company has membership certificate no. 138 office no. 137/ B of Mittal Tower Premises Co-operative Society Ltd. for five fully paid shares of ₹ 50/- each for which no consideration has been paid by the company and shown in investment at nil value. F. Supporting documents for loans advances of ₹ 1.90 lacs and ₹ 0.18 lacs to M/S N.K.P. Consultants Pvt. Ltd. and Hari Ram G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... / s 301 of companies act, 1956. V. Register of investments u/ s 372(6). VI. Register of director's shareholding u/ s 307. VII. Register of charges u/ s 143(1). VIII.Register of loans and investments 372(A)(5). It is in the aforesaid facts and circumstances the submission has been made that in the absence of aforesaid significant record no audited account could have been prepared. Mr. Nidesh Gupta and Mr. Arun Kathpalia, learned Senior Counsels have sought to controvert the aforesaid factual position by submitting that in the member register only the shareholding could be shown but as a matter of fact it is investment and therefore, it cannot be regarded as the shareholding of respective parties. However, it could not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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