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TMI Blog2021 (6) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... ecretary appearing for the "appellants" as well as learned senior counsel Mr. P. H. Arvindh Pandian appearing for respondent No. 7 (caveator) and Mr. Nikhil Sakhar Dande, learned senior counsel appearing for respondents Nos. 3 to 5 and 11 on behalf of Mr. P. Giridharan, learned counsel. 2. It is the case of the "appellants" that the draft resolution was not circulated to the "first appellant", which ought to have been circulated to all the directors of the first respondent-company as per section 175 of the Companies Act, 2013 read with clause 6.2 of the secretarial standards of meeting of board of directors. As such, it is the stand of the "appellants" that the Tribunal (National Company Law Tribunal, Chennai Bench) in C. P. No. 794 of 202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rim order" dated February 10, 2021 in the main company petition that the company was not run by the "first appellant", when the "first appellant" had borrowed personal loans and infused further finances to pay the salary and other expenses, to keep it as a "going concern". 4. Per contra, it is the submission of learned senior counsel Mr. P. H. Arvindh Pandian appearing for respondent No. 7/caveator that although the first appellant was not served with the notice of resolution by circulation but his learned counsel was served in this regard, and further the "first appellant" after coming to know about passing of the resolution had given his reply and as such, the "first appellant" cannot have any grievance about non-issuance of any circular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of law. Furthermore, there is a Singapore Court order and it cannot be side tracked when the "first appellant" has not been ousted and being a part of the "interim committee". Therefore, there is no oppressiveness as alleged by the "first appellant". 9. Be it noted, that section 5(1) of the Companies Act, 2013 speaks of "articles" of a company containing such matters, as may be prescribed, etc., section 6 of the Companies Act, 2013 enjoins that the provisions of the Companies Act, 2013 will override "memorandum", "articles" of a company, etc. 10. On a careful consideration of respective submissions advanced on either side, this "Tribunal" without delving deep, at this juncture, is of the prima facie view that the implementation of the " ..... X X X X Extracts X X X X X X X X Extracts X X X X
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