ATUL KANTILAL SHAH Vs. JYOTI LIMITED

JUDGEMENT

(1.) RULE . Service of rule is waived by learned advocate Shri Navin Pahwa for the respondents. The present petition is filed by the petitioner under Articles 14, 19 and 226 of the Constitution of India as well as under the Companies Act, 2013 for the following prayers on the grounds stated in the memo of petition :

(2.) HEARD learned Sr. Counsel Shri Mihir Joshi appearing with learned advocate Shri Vimal Patel for the petitioner and learned counsel Shri Navin Pahwa for the respondents.

(3.) LEARNED Sr. Counsel Shri Joshi referred to the notice produced at p. 18 regarding the appointment of directors and submitted that as stated in the communication/notice dated 7.8.2014 given by the petitioner at Exhibit -B, the petitioner proposed the candidature of two persons for appointment as directors of the company under sec. 160 of the Companies Act, 2013. He pointedly referred to the details to support his submission how the respondent company has tried to manipulate and raise doubt about receipt of the notice. He referred to p. 30 of the petition and submitted that as stated it was refused and still as per their own communication by the company to the petitioner it has been accepted that the letter/notice dated 7.8.2014 has been received through the courier and they have raised various issues. The said communication is dated 18.8.2014 and immediately the petitioner has responded by another communication dated 26.8.2014 at Annexure -D. He therefore submitted that the present petition has been filed for appropriate direction and he submitted that the writ would lie against the private company.