ANILKUMAR PODDAR Vs. DARSHAN SECURITIES (P ) LTD

JUDGEMENT

(1.) The Petitioner filed these three Company Petitions against different Companies, namely M/s. Darshan Securities Pvt. Ltd. (TCP 5/2013), M/s. Reliance Export Pvt. Ltd., (TCP 7/2013), M/s. K.D.A. Enterprises Pvt. Ltd., (TCP 9/2013) seeking inspection of Member Register from the date of incorporation of the Company till date and last Annual Returns for the years 2011-12, 2010-2011, and 2009-2010 and supply of copies thereof. The Petitioner has remained absent, but for pleadings are complete, since the point in this case being short regarding inspection and supply of copies thereof, this Bench has decided these three cases on merits basing on the pleadings and submissions made by the Respondent Company by invoking Rule 48 of N.C.L.T. r/w. Explanation to Rule 2 and Rule 3 of Order 17 of C.P.C.

(2.) The petitioner being common in all these Petitions, their reliefs being common, the counsel appearing on behalf of the Respondents being common, the pleadings in all these three Cases not being in variance, for the sake of brevity, this Bench hereby passed common order in all these Petitions.

(3.) The case of the Petitioner is that he sent e-mails on 4-1-2013 for inspection of the documents mentioned above, but the Respondent Companies have not provided inspection of Register of Members from the date of incorporation of the Company till date and the Annual Returns for the years 2011-12, 2010-11, 2009-10. When he sent another mail dated 19.01.2013 for copies of the same along with a cheque for Rs. 200/- towards advance against statutory fee for supply of copies, then also the Companies failed to provide copies of the same. He further submits that the Company being involved in insider trading, to save the culprits involved in insider trading, the Company has not provided copies till date as asked by him. He says that the Company has indulged in gross irregularities in maintenance of Members Register, therefore, he has asked for copies of the same for the Company is under statutory obligation to furnish the documents to the petitioner within 10 working days form the date of requisition in the light of Section 163 of the Companies Act, 1956.