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2023 (5) TMI 818

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..... d due to an error of the Company Secretary concerned, the Petitioner cannot be visited with consequences unknown to him and for which he is not to blame. It is accordingly directed that Respondent No. 2 company Kataria Multi Trade Pvt. Ltd. shall be deemed to have been incorporated with the details of Directors given at page 43 of the petition as the correct details of the directors with the DIN numbers. The Petitioner, whose DIN number has been incorrectly used, shall be saddled with no liability in respect of Respondent No. 2 company or its subsidiaries including any of their businesses or activities - If any rectification has to be carried out on the MCA website or ROC, Ahmedabad records, the same shall be done within 4 weeks from the .....

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..... ondent No. 2 company, he sent a representation to the Ministry of Corporate Affairs (MCA) as also to the said Company Secretary. However, the case of the Petitioner is that till date he has not been able to disassociate himself from Respondent No. 2 company. 5. Ld. counsel for the Petitioner submits that the Company Secretary upon being informed of the difficulty of the Petitioner, submitted, through Respondent No. 2 company, form DIR-12 reflecting the exit of the Petitioner from the Company in the form of a resignation. The Petitioner objected to the filing of Form DIR-12 as illegal as he neither consented to the appointment as a director nor he resigned from the said post. Thereafter, multiple emails were written by the CS, Respondent .....

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..... Laxmi, ld. CGSC submits that the Court of appropriate jurisdiction in the present case would be the High Court of Gujarat as the company was incorporated there. She further submits that none of the conditions under Section 248 of the Companies Act, 2013 are attracted in the present petition. 9. A perusal of the master data of Respondent No. 2 currently reflects the following individuals as its directors: DIN/PAN Name Begin date 00737598 SUNIL RAWAT 09/12/2022 06875562 RAGHVENDRA SINGH KRISHNA KUMAR CHAUHAN 09/12/2022 09180167 .....

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..... zar, Vadodara, Gujarat? 390001, India Business: Occupation Mobile No: 9723820516 Name: Raghvendra Singh Krishna Kumar Chauhan S/o: Krishna Chauhan Address: Nanavati Menson, Near Pandya Hotel, Vadodara, Gujarat-390002, India Business: Occupation Mobile No: 9512062625 Name: Sunil Rawat S/o: Shyam Sundar Rawat Address: 54 Ananda Colony, Ring Road, Near velocity Cinema, Vijay Nagar, Indore, Madhya Pradesh - 452010, India. Business: Occupation Mobile No: 9827028900 12. Thus, at the time of the incorporation of Respondent No. 2, the name of Sunil Rawat along with Indore, Madhya .....

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