9911796707
TMI Blog2017 (6) TMI 1368X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Companies Act 2013. The allegations against the Respondents with regard to oppression and mismanagement of the funds. The Petitioner in detail made averments to that effect in the petition and prayed for grant of reliefs contained at Para I and interim reliefs contained at Para II. At this stage, counsel for petitioner is pressing hard for grant of interim relief under sub para (f) of Para II of the petition. The reliefs contained under sub para (f) of Para II is as follows :- "Pass appropriate orders, reliefs and directions to Respondent Nos. I and 3 to cooperated with the internal auditor appointed by the Board of Directors and to provide all necessary information, documents and records to enable a smooth conduct of audit and prep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st Respondent Company, he cannot enjoy any right attached thereto. The Counsel for the Respondent has raised an issue of maintainability of the Petition under Section 244 of the Companies Act, 2013, stating that the Petitioner is not fulfilling the requirements, because the attachment order of the shares held by the petitioner came to passed by the competent authority. Based on these arguments the counsel for respondents prayed for dismissal of the company Petition. 3. It is on record that the Petition has been filed on 07.04.2017 and at that point of time, there was no legal bar as to filing of the Petition and the Petitioner fulfilled the requirements under section 244 of the Company's Act, 2013 as reflected from our order dated 13.04 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laws applicable and statutory records of RI company including the Income and Expenditure of Respondent No. 1. The audit report shall be submitted to this Bench within four weeks from the date, the copy of the order is received. The Chartered Accountant and the Company Secretary shall also report on the aspects of the Corporate governance and compliance of effecting contractual commitments of RI and its shareholders. The report shall be submitted in a sealed cover to this Bench. The Petitioner and Respondents are directed to co-operate with the Chartered Accountant and Company Secretary by making available the accounts, books and other records as may be required by the Chartered Accountant and the Company Secretary. Regarding the payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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