V K MATHUR Vs. K C SHARMA

JUDGEMENT

(1.) A very interesting situation has developed in this company petition filed as far back as 4th September, 1982 under Sections 397 and 398 of the Companies Act, 1956 (hereinafter referred to as "the Act").

(2.) The Delhi & District Cricket Association Ltd. (hereinafter referred to as 'the company') was incorporated as a company limited by guarantee having no share capital. Though incorporated as a company, its affairs are managed by a general committee consisting of a President, two Vice-Presidents, three Secretaries, a Treasurer and eight committee members. There are also two Government nominees on the committee. A group of members of the company was apparently dissatisfied with the management of the company's affairs. About 45 members, "represented by Anil Khanna, Afash Lal and Sunil Dev", applied to the Company Law Board ('CLB') for an authorisation in terms of Section 399 (4) of the Act to enable them to move an application under Sections 397-398 in the High Court. By anorder dated 18-12-1981, the CLB authorised "the applicants" to apply to the Court under the above sections in relation to the company. A list of the 45 members who applied to the Central Government other than the three above mentioned is appended to the order and includes Shri V. K. Mathur, the petitioner in this petition.

(3.) In pursuance of this authorisation, C. P. 91/82 was filed on 4th September, 1982. The petition set out the names of the petitioners as "Sri V. K. Mathur, Daryaganj, Delhi and other supporting petitioners" but no other names were given. In paragraph 25 of the petition, after referring to the above authorisation of the CLB, it was stated :- "The petitioners also attach herewith the consent of more, members for the filing of this petition". but no such consent was attached. Curiously enough, in addition to certain other respondents. Anil Khanna, Akash Lal and Sunil Dev, who had represented the aggrieved group before the Central Government in making the application under Section 399, were three of the ten respondents to the petition. In support of the averments contained in the petition was filed an affidavit of Sri V. K. Mathur dated the 27-8-1982.