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TMI Blog2020 (9) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... n refusing to pass any interim order was the Resolution passed in the EoGM by the majority shareholders/directors, converting the status of the applicant from the Executive director to a Non Executive Director, which meeting was attended by the applicant and the Resolution is stated to have been challenged by the applicant. There is no use keeping this application on board particularly when an application on the same and similar facts is already filed and pending. Prima facie, we are convinced that the applicant has not been able to prove even that he ever worked for the company as a director or as an employee for which he deserved some remuneration or salary as an interim measure. This is not a fit case for passing any interim orders or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the respondents were taking steps to remove the petitioner as the director of the Company. Under those circumstances, he had sought protection of his right as a minority shareholder in the company and also to prevent his removal as a director of the Company. It is submitted that initially an interim order was passed on March 14, 2017 whereby this Tribunal had restrained the respondents from giving any effect to the resolution(s) sought to be passed and/or adopted in the EOGM of the Company. In view of the said interim order removal of the applicant as a director was prevented which was further reconfirmed by another order of this Tribunal dated 15th March, 2018 which was passed at the instance of the applicant when the respondents were ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ending projects with copy to the applicant. It is however stated that the applicant and/or his advocate are yet to receive any copy of the monthly accounts of the pending projects undertaken by the company and also not aware whether the respondents have complied with the aforesaid directions contained in the said order dated February 20, 2020. 7. The applicant states that during the pendency of the Civil Appeal before the Hon'ble Supreme Court, the company had issued a notice dated February 27, 2020 for convening the board meeting of the company to be held on March 7, 2020 for considering the items mentioned in the agenda. One of such items which was mentioned in the said agenda was for calling upon an EoGM in terms of the order pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of the arrears of salary, if any, due to the petitioner/applicant as a director of the company and in terms of the order dated May 8, 2018, the respondents had made part payment of the arrear remuneration up to September 2016, to the applicant as a director of the company being a sum of ₹ 9,69,232/-. However, it is submitted that the balance remuneration of the applicant for the period from October, 2016 onwards has not been paid by the company. It is stated that since the applicant has a family of four members and he is the only earning member of the family, now during lockdown it has become difficult for the applicant to sustain. It is surprising to look at the averments of this application when it mentions that If the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rforming their respective duties by regularly attending the office, but this applicant has never attended the office after the said Resolution, and thus is not entitled to any remuneration. It is stated that Salary which was due to the Petitioner as per books has already been paid on 9th October, 2017 amounting to ₹ 9,69,232/- in terms of the order of the Hon'ble NCLT dated 20.09.2017. 10. Learned counsel further argued that the applicant himself is not clear whether he wants remuneration, salary or honorarium. He himself admits that he wants his salary, PF, etc. as per one part of his prayer, while in the other, he prays that the respondents be directed to release unpaid remuneration and other benefits in his capacity as a dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant however has submitted that the Resolution of the company was categorically challenged as false and the said I.A. is still pending. It is submitted that this company is only a family company unlike other professionally managed huge companies. It is stated that no notice of the Board meetings has been given to the petitioner and he does not know what is happening in the company. It is stated that the applicant has been working from his house from the date of the aforesaid Resolution and has never been allowed entry in the office like other directors. He however insisted that he has been working on various projects for the company. 13. Heard the Ld. Counsel for both the parties and perused the records. 14. Upon hearing the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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