SAMEER GOEL Vs. NIJINOY TRADING (P.) LTD.

JUDGEMENT

(1.) THE present petition is filed by invoking the provisions of Sections 397, 398 and 402 of the Companies Act, 1956 ('the Act') alleging certain acts of oppression and mismanagement in the affairs of the Respondent -company and sought reliefs as prayed in paragraph 8 of the petition.

(2.) SHRI Mangesh Bhogale, learned Counsel appearing for the Petitioner submitted the brief facts which necessitated to file the present petition. He submitted that Respondent No. 1 is a private limited company incorporated on 15th September, 2008, under the Act, The authorised share capital and issued subscribed paid -up share capital of Respondent No. 1 -company is Rs. 1 crore comprising of 10,00,000 equity shares of Rs. 10 each. The Petitioner holds 4,40,000 equity shares which constitutes 44 per cent and has right to apply under Sections 397 and 398 of the Act. The remaining shares are held by Respondent No. 2 and Respondent No. 3 and others.

(3.) RESPONDENT Nos. 1 to 10 filed a consolidated and detailed reply to the petition. Shri Ashok Shah, learned Counsel appearing for the Respondents submitted that Respondent Nos. 1 to 10 were shocked and surprised to receive the notice of the petition and to note the contents thereof. The petition clearly indicates total falsehood and fabrication and concoction of documents by the Petitioner and Respondent Nos. 11 and 12. Respondent Nos. 1 to 10, therefore, got inspection taken of the files of the Respondent -company with the Registrar of Companies ('RoC') and on the internet portal of website of the RoC.