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TMI Blog2020 (12) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... of the above provision including under proviso provided under Section 244 of the Companies Act, 2013 waiver can be granted in relation to an application filed only by a Member and not a Director. Even though Learned Senior Counsel for the Applicant presses for certain interim directions, we are not inclined to grant the same unless the Waiver Application is disposed of by this Tribunal after gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bility of Section 244 of the Companies Act, 2013. It is further pointed by Counsels that the Applicant is even though not a member however is only a Director of the Company. However, by virtue of the decision which has been passed by the Hon'ble High Court of Madras in the matter of Chiranjeevi Rathnam -vs- Ramesh reported in 2017 (6) CTC 568, the Applicant is stated to be entitled to maintain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls and other sums due on his or their shares; (b) in the case of a company not having a share capital, not less than one-fifth of the total number of its members: Provided that the Tribunal may, on an application made to it in this behalf, waive all or any of the requirements specified in clause (a) or clause (b) so as to enable the members to apply under section 241. Explanation.-- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less the Waiver Application is disposed of by this Tribunal after giving an opportunity to the respondents. For this purpose, let notice be issued to the Respondents who have been impleaded in the Application through their respective e-mail by Counsel for the Applicant and the Registry will also issue notice to the Respondents. For this purpose, e-mail ID of the respective Respondents will be prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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