Bikki Raveendra Babu, Member - (1.) None present for Original Petitioner. None present for Original Respondent No. 1. Norje present for Original Respondent No. 1. Common Order in Intervening petition No. 1/2017 and I.A. 32/2017 pronounced in open court. Vide separate Sheets. 1. Original respondent No. 1 filed I.A. No. 32 of 2017 challenging the maintainability of the petition on the ground that the petitioners are not eligible to file this petition.
(2.) Ms. Nasreen Kowsar and Ms. Pratiksha Bhandari who are also shareholders in the first respondent company have filed Intervening Application No. 1 of 2017.
(3.) It is the case of the original respondents that original petitioner is having only one equity share of face value of Rs. 10/- each constituting 0.001% of shareholding of the first respondent company and, therefore, he is not eligible to file this Company Petition under Section 399 of the Companies Act, 1956. It is also the case of the original respondents that as on date of filing Company Petition, there are 13 shareholders in the first respondent company as per the register of members and, therefore, the original petitioner being one in number is not eligible to file this Company Petition under Section 399 of the Companies Act, 1956. It is the case of the original petitioner that as Director of the first respondent company he has got right under section 397 and 398 of the Companies Act, 1956 to file this petition before The National Company Law Tribunal. In support of contention of original petitioner, he relied upon decision in K.N. Bhandari and Ors. vs. Trackparts of India Ltd. and Ors, 2001 104 CompCas 611 and Bajrang Jalan and Ors. vs. Mahabir Prasad Jalan and Ors, 1999 AIR(Cal) 156.;