9911796707
TMI Blog2021 (8) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner as a Director - HELD THAT:- The petitioner claiming to be a nominee Director of M/s. Buddy (Mumbai) Duty Free Services Pvt. Ltd. filed the instant CP and the CA therein. In RT CP No. 186/Chd/Hry/2017 (CP No. 150/ND/2016) by way of a separate order passed today, while holding that M/s. Buddy (Mumbai) Duty Free Services Pvt. Ltd. was not a shareholder of the respondent No. 1 company, we dismissed the CP filed by it under Section 241 and 242 of the Companies Act, 2013. The petitioner in the absence of any specific allegations of oppression and mismanagement in the instant CP or in the CA, failed to show any other valid reason in support of the instant CP and CA. Petition dismissed. - CA No. 549/2018 and CP No. 163/Chd/Hry/2018 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ausing any impediment in the functioning of the Petitioner as a Director. (e) Pass any other order or direction as may be necessary in view of the facts and circumstances of the present case. 2. After filing the instant CP, the learned counsel for the petitioner on 03.08.2018 submitted that since the reliefs in the CP only confined to Section 128(3) of the Companies Act, 2013, he will file an application seeking amendment of the petition. 3. CA No. 549/2018 has been filed in CP No. 163/Chd/Hry/2018 seeking the following reliefs:- In the facts and circumstances of the present case, the Petitioner respectfully prays that this Hon'ble Tribunal be pleased to: (a) This Hon'ble Tribunal may kindly direct the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he purpose of amendment again contains the identical reliefs as that of the main CP itself. Therefore, since admittedly, the prayers in the CP as well as in CA are confined to Section 128(3) of the Companies Act, 2013, it will suffice if we examine the CP as well as CA with reference to the said provision of the Companies Act, 2013. 6. Section 128 of the Companies Act, 2013 reads as under:- Books of Account, etc., to be kept by Company 128. (1) Every company shall prepare and keep at its registered office books of account and other relevant books and papers and financial statement for every financial year which give a true and fair view of the state of the affairs of the company, including that of its branch office or offices, if any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion by any director subject to such conditions as may be prescribed: Provided that the inspection in respect of any subsidiary of the company shall be done only by the person authorised in this behalf by a resolution of the Board of Directors. (4) Where an inspection is made under sub-section (3), the officers and other employees of the company shall give to the person making such inspection all assistance in connection with the inspection which the company may reasonably be expected to give. (5) The books of account of every company relating to a period of not less than eight financial years immediately preceding a financial year, or where the company had been in existence for a period less than eight years, in respect of al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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