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TMI Blog2012 (2) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... ral meeting ('AGM') for the year 2008 which are required to be filed with the Registrar of Companies ('RoC') within 30 days from the latest day on or before which the meeting should have been held in accordance with the provisions of the Act. (b) Return containing the particulars specified in Part 1 of Schedule V in the form set out in Part II of Schedule V of the Act as they stood on the date of AGM for the year 2008, or latest date by which AGM should have been held in accordance with the provisions of the Act. (c) Return containing the particulars specified in Part 1 of Schedule V in the form set out in Part II of Schedule V of tile Act as they stood on 29th September, 2007 being the date of AGM for the year 2007. (d) Ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. The petitioner has not disclosed this fact anywhere in the petition and, thus, has not come with the clean hands and the petition is liable to be summarily rejected at preliminary stage of admission and should not be admitted at all. It is submitted that the present petition is nothing but a part of their pressure strategy and, thus, to get undue mileage and advantage to hide and conceal their misdoings. This petition has been preferred as a forum shopping. It is submitted that they will produce necessary evidence when required and crave leave to refer to and rely upon the said or further evidence when produced and reserve right to make further reply and or representation. Heard the learned counsel appeared for the parties and perused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... February, 2012 at 2.30 PM by granting liberty to file pleadings. The parties have filed pleadings and the same has been marked as exhibits and made it clear to both the parties that no other pleadings/documents will be entertained or taken on record. The parties agreed to the same. The following pleadings along with the documents have been taken up for consideration to decide the petition. The petition is marked as Annexure I, the affidavit in reply to written statement filed by the petitioner dated 4th February, 2012 is marked as Annexure II and further affidavit by the petitioner dated 11th February, 2012 marked as Annexure m. The reply filed by the respondents dated 11th November, 2009 is marked as Annexure A and the affidavit by the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment made, no other documents have been produced by the petitioner to prove that he is a creditor. Moreover it is contended that the petitioner paid an amount of ₹ 75,00,000 by way of security deposit to the R1-company pursuant to an memorandum of understanding ('MoU') for grant of licence to manage and operate the club facilities, food and beverages. The further averment of the petitioner is that the only requirement for grant of reliefs under section 614(1) is to serve a notice on the company requiring it to file the documents and make good the default within 14 days. It is contended that the petitioner served the notice dated 19th May, 2009 and the respondents did not comply the statutory requirements. It is also stated tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f page 5 stated that the money paid by the petitioner to the respondents by way of deposit to run the club is money due to the petitioner and, thus, the petitioner is a creditor of respondent-company. Further, copy of audited balance sheet of petitioner as at 31st March, 2009 shows an amount of ₹ 75,00,000 under loans and advances (deposit) to the respondent-company. From the above pleadings of the petitioner it is an admitted fact that the petitioner given the said money towards security deposit. Further the petitioner was relied upon their balance sheet and not the balance sheet of the respondents. Mere reflecting the position of the respondents in the balance sheet of the petitioner is not binding on the respondent-company. There i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise the powers to decide whether the petitioner is a creditor or not. The PCS failed to show any provision of law. Now the relevant provision which the petitioner relying upon and sought indulgence of this Bench to exercise the same. The said provision of law is reproduced for better appreciation. Section 614(1) states that if a company having made default in complying with any provision of this Act which requires it to file or register with, or deliver or send to, the Registrar any return, account or other documents, or to give notice to him of any matter, fails to make good the default within 14 days after the service of notice on the company requiring it to do so, the CLB may, on an application made to it by any member or creditor of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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