RAHUL GUPTA Vs. SUDHIR KUMAR GUPTA AND ORS.

JUDGEMENT

(1.) THE petitioner filed this company petition under sections 397 and 398 read with section 402 of the Companies Act, 1956, against Sudhir Kumar Gupta (respondent No. 1), Utkarsh Kumar Gupta (respondent No. 2) and M/s. Ashish Ashiana P. Ltd. (respondent No. 3), alleging that respondents Nos. 1 and 2 dealing with the affairs of the company prejudicial to the interest of the petitioner, therefore, sought the reliefs as follows:

(2.) "(a) To call the records pertaining to the company filed with the Registrar of Companies as per the Companies Act, 1956,

(3.) APART from this, respondent No. 1 allotted 11,000 shares to respondent No. 2 in violation of the articles of association, without making any offer of allotment proportionate to the shareholding of the petitioner and without notice to the petitioner. The petitioner submits that he has not received any notice to any meeting; even the notices shown as given through UPC with one day gap notice before meeting date. The petitioner submits, on inspection, he came to know that respondent No. 1 put up documents with the Registrar of Companies showing meetings were held on April 24, 2010, May 24, 2010, June 23, 2010, March 27, 2010, August 9, 2010 and August 28, 2010, stating that the meeting were held in all these cases with one day gap between the date of issual of notice and meeting date, therefore, even assuming they were issued by respondent No. 1, they are all on short notice to the petitioner. The petitioner denies that he received notices to any of the meetings aforesaid.