Vijai Pratap Singh, Member - (1.) This Company Application has been moved by the petitioner for impleadment of M/s. Haranchandra Cold Storage Private Limited as respondent in the case.
(2.) Brief facts as stated in the application are that the petitioner has filed Company Petition No. 33 of 2015 under Sections 397 and 398 of the Companies Act, 1956 with regard to the acts of oppression and mismanagement committed by the respondents in the affairs of respondent No. 1 company and by the order dated 26/02/2015, the Company Law Board had passed order of status quo regarding the shareholding of the respondent No. 1 company till the next date of hearing and the respondents were given 4 weeks' time to file their replies, wherein it has been observed that the State Bank of India vide notice dated 16/05/2013 under SARFAESI Act demanded approximately Rs. 3 Crores on account of loan taken by the respondent No. 1 company and hence the charge is already created in favour of State Bank of India over the assets of the Company and thereby the said property cannot be alienated by the respondents without the satisfaction of the said charge.
(3.) The petitioner further stated that on 27/03/2015 the Bank requested the petitioner Nos. 1 to 6 to collect the original Title Deeds and it was informed by the Bank that company's liabilities had been discharged and the petitioners not having any information about the same. The Company is currently under the management and control of the respondent Nos. 19 and 20, who wrongfully and illegally claim to be directors thereof. The said respondents are employees of responded No. 2, who are running the company by proxy. The petitioners apprehended that by discharging of the loan the respondents attempt to deal with and dispose of or alienate the assets of the company to the detriment of the company and its bona fide shareholders. On making further enquiry the petitioners came to know that at the company's cold storage plant, receipts were issued in the name of M/s. Haranchandra Cold Storage Private Limited. Sums of money were received from the company's customers on the false representation that the said Haranchandra Cold Storage Private Limited was a unit of the company. On making further enquiries the petitioners came to know that the name of the said Haranchandra Cold Storage Private Limited was incorporated on 12/08/2014 and the respondent Nos. 4, 8 and 11 of this company petition are also directors in that company. It also appears that a charge of Rs. 6,12,00,000/- has been created on 19/01/2015 in favour of UCO Bank and a further charge of Rs. 10,41,00,000/- has been created on 28/03/2015 in favour of UCO Bank. The petitioners claimed that the respondents are in collusion with each other and they had incorporated the said Haranchandra Cold Storage Private Limited for the purpose of diverting the company's business and customers to that company. The said Haranchandra Cold Storage Private Limited is engaged in an identical business to that of the company.;