9911796707
TMI Blog2025 (1) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld. National Company Law Tribunal, New Delhi whereby the petition filed by the appellants under Section 241 of the Companies Act, 2013 against the Respondents have been dismissed on the ground it does not meet the criteria as is provided for in Section 244 of the Companies Act, 2013. 2. The background of the case as given in the petition filed before the Ld. NCLT is as under:- i. The Respondent No.1 Company namely M/s. Adhunik Food Products Private Limited is a private limited company having its registered office at 4080-81/20, First Floor, Naya Bazar, Delhi110006 duly incorporated on 29.03.1989 in terms and provisions of the Companies Act, 1956. The main objective of the Respondent No. 1 company is the production of wheat puffs. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e post of directorship on 24.10.2017 by Respondent No.2 on the basis of a forged and fabricated resignation letter and a board resolution. vii. The Petitioner No.1 currently holds 3.96% of the total shares of the Respondent company. The Petitioners No. 2 currently holds 0.98% shares of the company. The Petitioner No. 3 currently holds 0.98% shares of the company. The Petitioner No.4 currently holds 0.98% shares of the company. viii. The Respondent No.2 is one of the directors of Respondent No. 1 company, responsible for the management and day-to-day affairs of company. He currently holds 15.03% shares in the company. In 2015-16, he unilaterally increased his shares from 8.89% to 15.034% shares without notifying the board of Directors. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to apply under section 241- (1) The following members of a company shall have the right to apply under section 241, namely:- (a) in the case of a company having a share capital, not less than one hundred members of the company or not less than one-tenth of the total number of its members, whichever is less, or any member or members holding not less than one-tenth of the issued share capital of the company, subject to the condition that the applicant or applicants has or have paid all calls and other sums due on his or their shares;" ( b) ********* (2)********** iv. Upon perusal of Section 244 of the Companies Act, 2013, it is evident that only those members of a Company shall have the right to file an Application under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctively, viii. Accordingly, from the perusal of the the Master data details of (c)» °* % the Respondent company and the averments made by both parties, we are satisfied that the threshold is not fulfilled by the Petitioners conjointly. . ix. Therefore, without going into the merits of this case, as required under Section 240-242 of the Companies Act, 2013, we hold that the present petition bearing 363/241/ND/2018 filed under Section 241 of the Companies Act, 2013 is not maintainable and therefore dismissed. 4. A bare perusal of the impugned order would show the Ld. NCLT had observed Section 244 of the Companies Act, 2013 requires the following conditions for filing an application/petition under Section 241 of the Companies Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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