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TMI Blog2022 (6) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... against Respondents M/s. Champion Care Homes Pvt. Ltd. & another, seeking the following relief: * Give directions to the Respondent No. 2 for handing over the minutes books, statutory registers, and car illegally retained by Respondent No. 2. 2. The brief facts of the case are as under:- 3. The 1st Respondent Company was incorporated on 17.09.2012 under the Companies Act, 1956 as a Company limited by shares. The Authorized Share Capital of the 1st Respondent Company is Rs. 60,00,000/- (Rupees Sixty Lakhs Only) divided into 6,00,000 (Six Lakhs) Equity Shares of Rs. 10 (Rupees Ten) and all the shares are fully paid up. The main object of the 1st Respondent Company is:- * To establish, own, run, manage and maintain long term and short t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed his reply statement supporting the case of the Petitioner. It is stated that the 2nd respondent had neither co-operated with the 1st Respondent Company for finalization of accounts for the financial year 2016-2017 nor did he deliver the Minute Books and statutory registers of the 1st respondent Company. It is further stated that Annexure-II of the counter filed by the 2nd respondent shows that he played a critical role in providing documentation necessary for closing the year ending March 2016. But, this e-mail of January 2017 does not prove anything concerning the documents and statutory records for the year ending March 2017 which is the subject matter of the present petition. 7. It is stated that as a result of withholding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 2nd Respondent is in illegal possession of the printer, company car, minute books, and statutory records. There are several exchanges of Whatsapp messages to coordinate the collection of personal belongings of the 2nd respondent and requesting the 2nd respondent to leave behind the company and common documents between the 2nd respondent and Mr. Sundar Raj, Director of the 1st respondent Company. Submissions by the Respondent No. 2 10. The 2nd Respondent filed a reply statement and stated that he was the Managing Director of the 1st Respondent Company from the Incorporation till he was illegally removed from the post of Managing Director to Director on 16th September, 2017. The accounts of the 1st Respondent Company are maintained in Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned. 2nd Respondent is willing to hand over the car provided all his salary and other statutory dues are settled and personal belongings are handed over. It is also stated that the car has been provided by the 1st Respondent Company for the personal as well as official use of the 2nd Respondent. Hence, the allegation that the 2nd Respondent used the car for his personal use is not correct. FINDINGS 14. We have heard Shri A.D. Shajan, the learned counsel for the Petitioner and Smt. Sindhu Santhalingam the learned counsel for the 1st Respondent and Smt. Lakshmi Sreedhar, the learned counsel for the 2nd Respondent and perused the entire case records/documents. We have also gone through the evidence on record. Before going into the merit of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd what was the ground to be urged in support of the reliefs claimed. The member should have applied his mind to the question before consent was given." 18. In M.C. Duraiswami V. Sakthi Sugars Limited (1980) 50 Comp Cas 154 (Mad) the Hon'ble Division Bench held that "consent in writing contemplated in Section 399(3) of the Act is a consent to the filing of a particular petition with particular allegation for a particular relief under Section 397 and 398 or under both. There cannot be a blanket consent like a certain member or members consenting to some other member filing a petition under Section 397 or 398 or under both". 19. Sine no consent has been produced by the Petitioner, it is clear that the requirements of Section 244(2) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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