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TMI Blog2020 (3) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... istrar of Companies and Principal Director of Income Tax (Investigation). However, the scope of enquiry time, for completing the enquiry and to whom the statutory authorities will submit the report, is not mentioned in the impugned order - The impugned order is passed on 22.03.2019, till date about 11 months has lapsed, but Learned Counsel for the parties are unable to apprise the present stage of investigation before the statutory authorities. Thus, in absence of clear directions, the statutory authority will not be able to complete the investigation. Matter remitted to National Company Law Tribunal with a request that after hearing the parties to pass fresh order without being influenced by this order. - Company Appeal (AT) No. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; without proper notices, company meetings were convened; in the Auditor Report Financial irregularities were found and material information has not been supplied to Respondent Nos. 1, 2 3 (Petitioners). It is also alleged that some shareholders have formed a Trust and are misusing the funds of the Respondent Company. 3. It is stated that Respondent Nos. 1, 2 3 were removed from the Directorship of the Company by a resolution dated 07.03.2016, therefore, they have filed this Petition under Sections 241, 242, 210, 213 and 246 of the Companies Act, 2013 seeking the following reliefs:- 1) To pass an order that the actions of the contesting Respondents are oppressive in nature. 2) To pass an order that the action of the contes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Law Tribunal has disposed of the Petition with certain directions. Being aggrieved, the Appellant filed this Appeal. 6. Heard Learned Counsel for the parties. 7. Learned Counsel for the Appellant submits that the impugned order is non speaking and a vague order. In the impugned order the statutory authority did not specify the time period for the completion and submission of the Investigation Report and also to whom they will submit the report. It is also submitted that National Company Law Tribunal has disposed of the Petition without considering the submissions made on behalf of the Appellant, in such circumstances it would be appropriate to remit the matter to National Company Law Tribunal for passing specific directions after co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... education field. 13. The Petitioner has addressed a complaint to PMOPG portal complaint. As per the communication received from the PM s Office, it is stated that the Petitioner is stated to have made a complaint with the PMO Office with regard to the delay in making the investigation into the affairs of the Company by the Registrar of Companies, Principal Director of Income Tax (Inv.) and also the matter is pending disposal on the file of this Tribunal. However, the Tribunal could not get the latest developments on the stage of the investigation pending on the above complaints with the above authorities. In order to investigate into the complaints filed by the Petitioner by the Statutory Authorities, it is also necessary to dispose o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or, Kendriya Sadan, Koramangala, Bangalore-560034. c. Principal Director of Income Tax (Inv.), C.R. Building (Annexe), III floor, Bengaluru. d. Prime Minister Office. 10. From bare reading of this order it seems that the National Company Law Tribunal has appointed an Independent Chairman for interim arrangement till the investigation is completed by the Registrar of Companies and Principal Director of Income Tax (Investigation). However, the scope of enquiry time, for completing the enquiry and to whom the statutory authorities will submit the report, is not mentioned in the impugned order. 11. The impugned order is passed on 22.03.2019, till date about 11 months has lapsed, but Learned Counsel for the parties are unable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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