9911796707
TMI Blog2021 (11) TMI 1050X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments filed along with the Petition would show that the allegations made by the Petitioner are not corroborated with the documents filed therewith. Prima facie, the Petitioner has miserably failed to make out a case under Section 213(b) of the Companies Act, 2013 and has also failed to satisfy this Tribunal that the affairs of the 1st Respondent Company have been conducted in a fraudulent manner or unlawful purpose and on the said count itself this Petition is liable to be dismissed. The Petition as filed by the Petitioner under Section 213 of the Companies Act, 2013 stands dismissed. - CP/46(CHE)/2021 - - - Dated:- 17-11-2021 - Sucharitha R., Member (J) And Anil Kumar B., Member (T) For Appellant: Party-in-Person For Respondents: R. Murari, Senior Advocate for Preethi Mohan and A.R. Karunakaran, Advocates ORDER Sucharitha R., Member (J) 1. The present Application is filed by the Applicant namely, (Capt.) Vadlamannati Jaya Pushpakumar, S/o. V.J. Poorna Chandra Rao (hereinafter referred to as Applicant ) under Section 213 of the Companies Act, 2103 r/w Rules 11, 13, 14, 80 of the NCLT Rules, 2016 as against the Respondent viz., Madras Race Club, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Box No. 2639, Guindy, Chennai - 600 032. 4. The main object of the Company is as given below: To carry on the business of a Race Club in all its branches ad in particular to lay out and prepare any lands for the running of horse races, steeplechases or races of any other kind and for any kind of athletic sports and for playing thereon games of cricket, bowls, golf, lawn, tennis, polo......etc. To take over the assets and liabilities of the present unincorporated club known as the Madras Race Club. To give moneys either by way of gratuity or towards prizes, cups, stakes and other reward to any club, organisation or association of any kind private or public which is or shall be formed having amongst any of its object the playing of games or racing or sport, etc. The details of the main object are set out in the Memorandum of Association which is filed along with the typed set of documents. 5. It was submitted by the Petitioner that the 1st Respondent Company conducts race meetings at their race course at Madras and at Uthagamandalam (Ooty) for which bets are made inside the race course premises. While horse races are continuing in the rest of the country, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , since it is a company registered under the Companies Ac, 1956, the said Act provides elaborate machinery and well-established procedural safeguards for dealing with mismanagement in Companies registered under the Act. 9. It was submitted by the Petitioner that the State Government has not taken any action against the 1st Respondent Club either by way of investigation or by approaching this Tribunal through the provisions of the Companies Act, 1956 or 2013. Therefore, the present Petition is preferred in due compliance and regard to the observations of the Hon'ble Supreme Court, seeking for investigation into the affairs of the 1st Respondent Club as its business is being conducted with an intent to defraud its creditors, members, the Government of Tamil Nadu, lessors and general public. It is further averred in the Petition that, from the various acts listed out in the Petition, it is also apparent that the 1st Respondent Company has been incorporated for fraudulent and unlawful purposes. 10. It was submitted that the Petitioner herein is a legal heir and grandson of the owner of 12.53 acres of land in S. No. 76/2 77 and the 1st Respondent Club had admittedly entered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is seen that an alleged Sale Certificate contradictory to the actual facts has been shown to the vendors of the apartments and represented to be the title document of the said land. It is averred in the Petition that, the 1st Respondent claims of still being in possession of the land and rights over it in several petitions/documents filed in the Hon'ble High Court and Civil Court as per their written statements in CS No. 366 of 2004. 13. It was submitted that there is a portion of land wherein the 1st Respondent appears to have unlawfully sub-leased and/or leased the same to M/s. Madras School of Equitation and is deriving an income from the same. The said act of refusing to pay lease rentals to the actual owners of the properties and simultaneously sub-leasing/leasing the said property to derive income, is contrary to the rule of law and public property. 14. It was further submitted that the modus operandi of the 1st Respondent is to alienate the lands over which they possess only lease hold rights and by creating and forging documents and fraudulently profiting from such alienation and that, they have actively involved in land grabbing from the Government of Tamil Nad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submissions made by the Learned Senior Counsel for R1 and R2 and also the Counsel for R12. The present Petition has been filed under Section 213 of the Companies Act, 2013 by the Petitioner seeking inter alia to appoint an Inspector to carry out the Investigation into the affairs of the 1st Respondent Company. Section 213 of the Companies Act, 2013 read as follows; 213. Investigation into Company's Affairs in other cases-The Tribunal may,-- (a) On an application made by-- (i) not less than one hundred members or members holding not less than one-tenth of the total voting power, in the case of a company having a share capital; or (ii) not less than one-fifth of the persons on the company's register of members, in the case of a company having no share capital, and supported by such evidence as may be necessary for the purpose of showing that the applicants have good reasons for seeking an order for conducting an investigation into the affairs of the company; or (b) On an application made to it by any other person or otherwise, if it is satisfied that there are circumstances suggesting that-- (i) the business of the company is being conducted with intent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ul purpose. 20. In the present case, we have gone through the averments made in the Petition. All the averments made in the Petition by the Petitioners are not supported by any material documents in order to substantiate such allegations. The documents filed by the Petitioner and listed in para 17 supra and a perusal of the said documents filed along with the Petition would show that the allegations made by the Petitioner are not corroborated with the documents filed therewith. Prima facie, the Petitioner has miserably failed to make out a case under Section 213(b) of the Companies Act, 2013 and has also failed to satisfy this Tribunal that the affairs of the 1st Respondent Company have been conducted in a fraudulent manner or unlawful purpose and on the said count itself this Petition is liable to be dismissed. 21. It is pertinent to note here that the trigger for the Petitioner filing the present Petition is with respect to the findings given by the Hon'ble Apex Court in the matter of Dr. K.R. Lakshmanan (supra) whereby, the Hon'ble Apex Court held that there are no materials on record to show that any inquiry or investigation had been conducted by the State Governm ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
