SONIA KHOSLA Vs. MONTREAUX RESORTS PVT LTD
LAWS(NCLT)-2016-10-22
NATIONAL COMPANY LAW TRIBUNAL
Decided on October 20,2016

SONIA KHOSLA Appellant
VERSUS
MONTREAUX RESORTS PVT LTD Respondents

JUDGEMENT

Ina Malhotra, Member - (1.)This application has been filed by the petitioner for issuance of interrogatories against one Mr. Sameer Kudsia, a Chartered Accountant, Mr. Vini Ahuja named as ex Director, and Mr. Vikas Gera referred to as the ex Company Sectary of the Respondent Company, M/s. Montreaux Resort Pvt. Ltd.
(2.)The petition u/s. 397/398 of the Companies Act 1959 was filed by deceased Mrs. Sonia Khosla, one of the Promoter Directors of Respondent No. 1 Company and is now being pursued by her husband and legal heir. The Respondent Company was incorporated to set up and promote the business of developing tourist resorts in Himachal Pradesh. The Company planned to develop land belonging to respondent No. 10, father-in-law of the deceased petitioner situated in Mashobra. Her husband and legal heir, the present petitioner, also tied up with various land owners having large tracts of land adjoining their own for the development of the resort and a golf course. Respondent No. 2 was subsequently inducted as a shareholder to infuse finances and respondents 3 and 4 are his nominee Directors.
(3.)The allegations against the Respondents are of oppression and mismanagement of the company and alleged gaining of control by Respondent No. 2 by falsifying record of the AGM/EGM. Though the petition was filed in the year 2007, there has been no material progress in its adjudication since the parties have been impugning the orders before the Hon'ble High Court and the Hon'ble Apex Court. While the respondents have filed an application u/s. 8 of the Arbitration & Conciliation Act, the petitioner has initiated contempt proceedings on grounds of falsifying records and fabricating documents, even to the extent of showing the presence of his deceased wife in a crucial Board Meeting while she was issue UK. It is contended by the petitioner that this fact has been conclusively determined vide an enquiry held by the Hon'ble High Court of Delhi. Apart from the present voluminous proceedings, there are no less than fourteen other cases initiated by the petitioner or inter se with Respondent No. 2.
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