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TMI Blog2021 (12) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... ect the Respondent 2 and 3 to resume the payment of Rs. 25,000/- to the applicant for services rendered to respondent no. 1 Hotel, as Director and to quash, set aside the Form-32 filed with the RoC by Mr. Pronoy Roy regarding resignation of the applicant as Director as the same is not true and is without merit. IV. Pass further order (s) and or direction (s) as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case to meet ends of justice." 2. It is stated by the Petitioner here that the Petitioners/Respondents/Proforma Respondents in the Company Petition No. 14/241/242/GB/2019 are extended members of the same family. The parties in the above matter are all members of the same family and also are members of M/s. Hotel Indira Pvt. Ltd. (in short the "Hotel") in their respective rights. The Applicant is the son of Late Brojendra Kumar Roy who left behind the following heirs and legal representatives, namely: i. Late Sunity Roy (wife/deceased since 18.08.2013) ii. Tushar Kanti Roy (Son) iii. Biplab Kumar Roy (Son)] iv. Pronoy Kumar Roy (Son) v. Susanta Kumar Roy (Son) vi. Curfew Roy (Son) vii. Late Subrata Kumar Roy (Deceased) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Late Brojendra Kumar Roy and in the absence of any will or agreement on the basis of which the land is to be divided, the Applicant herein approached the Court of Civil Judge No. 2 in Title Suit No. 252/2015. In the said Title Suit, the Applicant has prayed for a decree declaring the right, title and interest over his share i.e. 1/6th share over the said suit property. The said Title Suit is sub-judice before the concerned Civil Judge No. 2, Kamrup (M) at Guwahati. The parties in the Title Suit No. 252 of 2015 underwent mediation but the same has failed. 5. It is submitted that during the pendency of the Title Suit bearing No. 252 of 2015, the Petitioners in the CP No. 14/241/242/GB/2019 had approached the Hon'ble NCLT, Guwahati Bench assailing inter alia, illegality in the running/operation of the Hotel/non-receipt of the Directorial Remuneration/statutory non-compliance etc. But, the Applicant was not made a party to the said Company Petition and the same is against his interest. 6. It is further submitted that if the Applicant is not allowed to be a party in this instant Company Petition No. 14/241/242/GB/2019, the dispute could not be adjudicated properly and in that ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar Kanti Roy is available on the MCA website but the same is not genuine as the Applicant never wrote to any member of the Hotel to resign as a Director of the Hotel. It is also stated therein that the FORM-32 is neither accompanied by Board Resolution removing the Applicant as a Director nor it is accompanied by Minutes of any Board Meeting held in this relation. 8. It is submitted that the Applicant deserves a chance to protect not only his interest in the Hotel but his source of livelihood, from being taken away from him by way of misleading the Hon'ble Tribunal. It is imperative to state that the same is against the principle of natural justice as no opportunity of being heard has been provided to the Applicant and as such he had no fair opportunity to defend his position in the Company. Meanwhile, if the Hon'ble Tribunal so directs, the Applicant, to bring into light such happenings in the Respondent No. 1 Hotel, the Applicant seeks permission of this Hon'ble Tribunal to bring into light such irregularities that are ongoing in the Hotel by way of a new Company Petition, taking into account the manner in which the operations/day to day functioning of the Hotel is h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being the unassailable position, the Application filed by the Applicant - Mr. Tushar Kanti Roy does not disclose any ground for this Hon'ble Tribunal to be pleased to implead the Applicant as a Party in CP No. 14/GB/2019. That in the light of the aforesaid, it has been established that the Application filed by the Applicant - Mr. Tushar Kanti Roy is not maintainable and an abuse of the process of law. It is therefore, most respectfully prayed that this Hon'ble Tribunal may be pleased to: (a) Dismiss Application filed by the Applicant - Mr. Tushar Kanti Roy with exemplary costs, in view of the above contentions and submissions made by the Petitioners; (b) Pass any such other order(s) as this Hon'ble Tribunal may deem fit and proper in the present facts and circumstances of the case. 12. On the other hand, the Petitioner here has prayed to reject the objections filed by the petitioner of the Company Petition and consider the application filed by the applicant for impleadment as one of the proforma respondents in C.P. No. 14/241/242/GB/2019. 13. This matter came up for hearing before the Bench on 28.02.2020, 12.11.2020, 27.11.2020, 04.01.2021, 08.02.2021, 22.03.2021, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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