9911796707
TMI Blog2025 (1) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... ition was not supported by 1/5th members of the Company, however, Section 421 of the Companies Act, 2013 clearly provides for a remedy by way of an Appeal to Appellate Tribunal. The Petitioner himself has submitted that he intends to approach the NCLAT for redressal of his grievances of rejection of petition under Section 241 of the Companies Act, by NCLT. From the submissions of the Petitioner himself it is evident that firstly, the AGM was scheduled for 29.09.2023 but could not be held on account of sealing of premises by DDA which is still continuing. Secondly, he has already approached the NCLT and has an alternate efficacious remedy to file an Appeal against the orders of NCLT under Section 421 of the Companies Act, 2013. Conclusion - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnual Report and Accounts for the period 01.04.2018 to 31.03.2019 have categorically highlighted the issues concerning malpractices, corruption and scams in the Annual Report and Accounts under the Heading Emphasis of the Matter, issued by D.G and Company Chartered Accountant. 6. The DDA sent several Notices of the Lease getting expired, but it was ignored by the Respondents, leading to the sealing of the premises of the Club by DDA on 29.09.2023. As on date, the Respondent No. 3 stands sealed by DDA and is pending further actions to be taken thereof. 7. The Petitioner has asserted that in terms of Article 44 of the Article of Association of Respondent No. 3, election for Managing Committee is required to be conducted in the AGM where the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Respondent No. 3; amongst the number of other interim prayers, one of the prayer was to hold the Respondent No. 3 liable for default in holding the Annual General Meeting and to be punished with appropriate fine, but the Petition has been dismissed for not meeting the criteria for waiving off the requirement under Clauses (a) and (b) of Section 244 (1) of the Companies Act, 2013. The Petitioner is therefore, left with no other equally efficacious alternative remedy and has filed the present Writ Petition. 10. The Petitioner has placed reliance on Siddharth Sahib Singh vs. Apex Council of DDCA, W.P(C) 8634/2023 dated 10th July, 2023 wherein the Coordinate Bench of this Court observed that though Section 244 (1) (b) of the Companies Act, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal before NCLAT. Rather than availing the alternate efficacious remedy of Appeal, the petitioner has filed the present Writ Petition which is not tenable. 14. Submissions Heard. 15. The Companies Act provides a complete mechanism for holding of Annual General Meetings. Section 96 of the Act provides that the Annual General Meeting shall be held each year in addition to any other Meetings that may be held by the Company. 16. Section 97 of the Companies Act, 2013 further provides that in case there is any default in holding of the Annual General Meeting of the Company, the Tribunal can direct the holding of the Annual General Meeting. 17. Section 98 of the Companies Act, 2013 further empowers the Tribunal either suo moto or on the Applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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