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TMI Blog2020 (10) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... uments, it is deemed necessary to call for necessary documents such as, the original audited Financial Statements for the period 2013-14 and 2014-15 signed by the Board of Directors, PAN Cards of applicant, Power of Attorney executed on 31.07.2006, in order to set a correct picture in the matter. This Tribunal hereby direct the Respondent No.1 Company to produce the original audited Financial Statements of the 1st Respondent company for the Financial Year 2013-14 and 2014-15. The applicant is also directed to produce the original Power of Attorney dated 31.07.2006 and the originals of two Pan Cards of the applicant bearing nos. ASEPK5529M and AFWPN7566B to this Tribunal in a sealed cover within two weeks from the date of receipt of this order - The applicant is directed to appear in person before this Tribunal on any working day within two weeks in order to give a specimen signature, so that the same can be sent to the Central Forensic Science Laboratory along with the documents for comparing the signature appearing in those documents. Application allowed. - Transferred Interlocutory Application No. 102/KOB/2020 In T.C.P 8/KOB/2019 - - - Dated:- 13-10-2020 - Hon ble Mr. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner/Applicant herein. 5. The learned counsel for the Applicant submitted that upon having knowledge of the aforementioned facts, he sent a communication dated 30.01.2018 to the 4th Respondent, the statutory auditors of the 1st Respondent Company appointed on 30.09.2014 during the 15th Annual General Meeting (AGM) of the 1 Respondent Company, to which the 4th Respondent vide his letter dated 20.02.2018 replied that he is not aware of any forgery by the Respondents No. 2 and 3 and that he is not authorized to certify the signatures of the Directors. The Applicant further submits that a simple verification of the Articles and Memorandum of Association of the 1st Respondent Company, which was signed by the Applicant herein, would in itself show that the signatures of the Applicant does not match, along with the Financial Statements of the Company for the years 2014-15. 6. The Applicant further stated that the 3rd Respondent had also forged the signature of the Applicant in the Power of Attorney dated 31.07.2006, in favour of Mr. Jaleel Hussain and that considering the fact that there is a dispute on the signatures of the Applicant in the financial statements pertaining to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2016 or 2017 with the 1st respondent company or with the 3rd respondent clearly proves that the financial statements were signed by him, the AGMs were duly held and that the applicant attended the AGMs and approved the adoption of financial statements. 9. The learned counsel for the respondents during the arguments submitted that the applicant obtained two PAN CARDS bearing nos. ASEPK5529M and AFWPN7566B, wherein the applicant's signatures are completely different. The applicant contended in para-14 of Rejoinder to the counter on interim reliefs that duplicate PAN application was made by the 3rd respondent on behalf of the petitioner/applicant and that the petitioner/applicant made a complaint in this behalf. The applicant also stated that he has taken steps to surrender the duplicate PANCARD by submitting cancellation request to appropriate authority. However, the 3rd respondent denied the submission that he has made any such application for issue of PANCARD in the name of the applicant/ petitioner. The learned counsel for the respondents submitted that both PAN CARDS were obtained by the applicant and that the allegation that 3rd Respondent applied on his behalf is an af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 replied that the company confirmed that all documents furnished to them have been properly executed. Findings: 13. I have heard the arguments advanced by the learned counsel for both the parties through Video Conferencing and have gone through the pleadings and documents placed on record. It is seen that the main controversy is that the signatures of the applicant/petitioner has been forged on the Financial Statements of the 1st Respondent Company for the Financial Years 2013-14 and 2014-15, the Power of Attorney dated 31.07.2006 and the two PANCARDS bearing Nos. ASEPK5529M and AFWPN7566B. 14. The letter dated 23.04.2018 sent by the Company Secretary annexed with the main company petition states that: I filed the Form DIR 12 for notifying the regularization of appointment of Mr. Jaleel Hussain as director in the AGM held on 30/09/2016. I have not filed the DIR 12 for the appointment of the above said person as Additional Director in the Board Meeting held on 31/08/2016. During October 2016, Mr. Ajith V Nair (Manager Finance) requested me to file DIR 12 for the appointment of Mr. Jaleel Hussain as director in the AGM held on 30/09/2016. He visited my office and su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the procedure laid down in the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice, and, subject to the other provisions of this Act [ or of the Insolvency and Bankruptcy Code, 2016] and of any rules made thereunder, the Tribunal and the Appellate Tribunal shall have power to regulate their own procedure. (2) The Tribunal and the Appellate Tribunal shall have, for the purposes of discharging their functions under this Act [ or under the Insolvency and Bankruptcy Code, 2016 ], the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely: - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or a copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) dismissing a representation for default or decidi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this order. The applicant is directed to appear in person before this Tribunal on any working day within two weeks in order to give a specimen signature, so that the same can be sent to the Central Forensic Science Laboratory along with the documents mentioned above for comparing the signature appearing in those documents. 18. After getting the specimen signature of the applicant, the Registry is directed to send the abovementioned documents and the specimen signature of the applicant along with the copy of this order to the authorised agency, i.e., Central Forensic Science Laboratory (CFSL), Central Forensic Science Laboratory Directorate of Forensics Science Services, Ministry of Home Affairs, Government of India, Amberpet Post, Ramanthapur, Hyderabad - 500013, Telangana, within one week of receipt of originals from the Respondent No.1 Company. 19. Since the costs of the Forensic investigation is to be borne by the applicant, the applicant is directed to deposit a sum of ₹ 30,000/- (Rupees thirty thousand only) within two weeks from today with the Pay Accounts Officer, Ministry of Corporate Affairs, payable at Chennai, for carrying out the aforesaid investigation. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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