9911796707
TMI Blog2022 (7) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that in order to verify whether the documents described as originals in the index are the original documents or not, the opportunity to verify the same may be given. Pursuant therefore, the Tribunal allowed verification of the said documents in the presence of the Ld. Counsel for the Petitioner and to file a memo confirming the verification of these documents. Later, the Ld. Counsels representing both sides have orally informed that the documents were verified and a memo confirming verification will be filed during the course of the day. However, no such memo was filed. Subsequently, a memo is filed by 1st Respondent on 01.07.2022. The present application is filed for a direction to the 1st Respondent to produce the originals of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 41 of 2022, (ii) Original documents of notice of Board Meetings, proof of despatch of notice of Board Meetings, Attendance Registers of the Board Meetings and Minutes of the Board Meetings which were held during the Financial years 2006-07, 2007-08, 2008-09, (iii) the original documents of notice of general meetings, proof of as of notice of General Meetings, Attendance Registers of the General Meetings, and Minutes of the General Meetings which were held during the Financial years 2006-07 to 2008-2009. (iv) To allow inspection of the original documents mentioned supra upon submitting the same by the 1st Respondent Company. 2. According to the Applicant he had filed the above Company Petition under Section 59 of the Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition has stated that they would produce the original documents before this Tribunal and subsequently after a lapse of more than a year after the said counter, the 1st Respondent Company filed IA No. 41/2022 in which it was stated that they filed the original documents but have not done as observed supra by this Tribunal. 5. According to the Applicant, the production of originals of these documents referred supra would help in proper adjudication of the Company Petition. Hence, this Application is filed. 6. Shri Yahiya Khan claiming to be Director of 1st Respondent Company filed counter, inter-alia, contending as follows:- (i) That the Application is not maintainable either under law or facts and deserves to be dismissed. (ii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emo stating that the original of the documents at Sl. No. 1, 2, 3 4 were already produced before this Tribunal, along with IA No. 41/2022. 8. In so far as the production of the original documents viz notice of Board Meetings, proof of dispatch of notice of Board Meetings, Attendance Registers of the Board Meetings and Minutes of the Board Meetings are concerned, Ld. Counsel stated that the same are not traceable, as such cannot be produced. It is further stated that as the records are maintained only for 8 years and the prayer to produce the above documents which are more than 8 years old, is barred by limitation. 9. In so far as the prayer for production to original documents of Notice of General Meetings, Proof of dispatch of noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt therefore, the Tribunal allowed verification of the said documents in the presence of the Ld. Counsel for the Petitioner and to file a memo confirming the verification of these documents. Later, the Ld. Counsels representing both sides have orally informed that the documents were verified and a memo confirming verification will be filed during the course of the day. However, no such memo was filed. Subsequently, a memo is filed by 1st Respondent on 01.07.2022. 13. In this backdrop, the present application is filed for a direction to the 1st Respondent to produce the originals of the documents mentioned supra. 14. As can be seen from the memo filed by the 1st Respondent, the 1st Respondent maintained that the documents at Sl. No. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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