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TMI Blog2022 (6) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... ant matter the presence of necessary parties is obviously required for this Tribunal to adjudicate and pass an effective and complete order granting relief as provided under the provision. In the absence of necessary parties, the Tribunal shall not be able to pass an effective Order. This Tribunal is of the view that the concept of non-joinder of parties is that the burden of providing relief should rest upon the Respondent concerned. However, in the instant matter the Petitioner has arrayed the Registrar of Companies, Chennai as respondent leaving out the Company Concerned and other directors involved. This Tribunal, upon perusal of the typed set of papers filed, is of the view that the petition lacks documentary evidences. While taking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrying on the business set out in the main objects as hereunder; i. To manufacture and trade in all types of Food and medicinal products of Nutritional and Nutraceuticals, special dietary uses, Health supplement, food for special medical purpose, functional foods, novel food, food with added prebiotic and probiotic, speciality food and medicines based on Ayurvedic, siddha, unani, Homeo, Naturopathy and Aromatherapy and traditional health system and all other food category of cosmetic and beauty products. ii. To manufacture and trade all categories of packing material including containers. iii. To act as an agent liaison house, commission agents, for Indian and foreign manufacturers of all items as mentioned in the clause 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequent to the investigation by the SHO, Kelambakkam as per the direction, an FIR was registered in No. 27 of 2021 on 02.02.2021 against Mr. Ragu, Smt. Sadhagoban Kokila and Mr. Arunachalam Andimuppanar and 6 others including the two professionals assisted for the offence of Criminal Conspiracy and forgery. Similarly, there is another pending enquiry before the SHO, J-9, Thoraipakkam police station for guise of share allocation money. 6. The Learned Counsel for the Petitioner had averred that pursuant to his complaints dated 29.12.2019 and 03.01.2020 on the above subject, the Respondent herein had issued summons under section 207(3) of the Companies Act, 2013 on 03.02.2020 to the Petitioner herein along with Mr. Ragu, Smt. Sadhagoban Kok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13. The provision of section 169, Companies Act, 2013 is extracted hereunder for emphasis, 169. Removal of directors.-(1) A company may, by ordinary resolution, remove a director, not being a director appointed by the Tribunal under Section 242, before the expiry of the period of his office after giving him a reasonable opportunity of being heard: [Provided that an independent director re-appointed for second term under sub-section (10) of Section 149 shall be removed by the company only by passing a special resolution and after giving him a reasonable opportunity of being heard:] [Provided further that] nothing contained in this sub-section shall apply where the company has availed itself of the option given to it under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Provided that copy of the representation need not be sent out and the representation need not be read out at the meeting if, on the application either of the company or of any other person who claims to be aggrieved, the Tribunal is satisfied that the rights conferred by this sub-section are being abused to secure needless publicity for defamatory matter: and the Tribunal may order the company's costs on the application to be paid in whole or in part by the director notwithstanding that he is not a party to it. (5) A vacancy created by the removal of a director under this section may, if he had been appointed by the company in general meeting or by the Board, be filled by the appointment of another director in his place at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded under the provision. In the absence of necessary parties, the Tribunal shall not be able to pass an effective Order. This Tribunal is of the view that the above mentioned concept of non-joinder of parties is that the burden of providing relief should rest upon the Respondent concerned. However, in the instant matter the Petitioner has arrayed the Registrar of Companies, Chennai as respondent leaving out the Company Concerned and other directors involved. Therefore, the Petitioner herein has to implead all those parties against whom allegations are raised. Further, with respect to entitlement of relief against director of the Company, the same cannot be extinguished due to want of evidence. This Tribunal, upon perusal of the typed set of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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