Mohd. Sharief Tariq, Member - (1.) Under consideration is the Company Petition No. 29 of 2015 which has been transferred from the Hon'ble Company Law Board, Chennai to this Tribunal and renumbered as T.C.P. No. 167 of 2016. The Petitioner has filed this petition under Sections 397, 398, 402, 403 and 405 of the Companies Act, 1956 alleging various acts of oppression and mismanagement by the company and its directors.
(2.) The Petitioner while alleging various acts of oppression and mismanagement in the affairs of the said Company, sought for the reliefs as follows:- i) Reject the Fast Track Exit (FTE) application made by 2nd and 3rd respondents as directors of the 1st Respondent Company; ii) Declare that acts of 2nd and 3rd respondents are oppressive to the petitioner and constitute acts of mismanagement in the affairs of the said Company; iii) Reconstitute the Board of Directors of the 1st Respondent Company. iv) Declare that the 2nd to 3rd Respondents are unfit to act as Directors of the said Company by reason of their conduct, which disables them from acting as a director of the company and are unfit to continue as directors in the best interest of the company and remove them from the office of director. v) Consequently permanently restrain the 2nd and 3rd respondents from in any manner interfering in the affairs of the 1st Respondent Company; vi) Injunct the 2nd to 5th Respondents, their men, agents, servant, other group companies and any other person from in any manner dealing with the assets/customers of the 1st Respondent Company; vii) Direct the 2nd respondent, to hand over all the records, documents, assets and other papers pertaining to the 1st Respondent Company which are in their possession; viii) Prosecute 2nd, 3rd and 5th respondents for the mismanagement and fraudulent acts under section 203 of the Companies Act, 1956. ix) To declare the fraudulent transactions entered between 1st and 4th respondent Companies as void ab initio. x) Grant such further or other reliefs, including orders as to costs as this Hon'ble Company Law Tribunal may deem fit and proper in the circumstances of the case and render justice.
(3.) According to the Petitioner Mr. Mohit Kumar Surana, was one of the founder Directors of M/s. Healthadda Retail Pvt. Ltd. (hereinafter referred as "1st Respondent Company") and actively involved with the conceptualisation, formation and incorporation of the said Company alongwith Mr. Suveer Gulati (In short, '2nd Respondent') and Mr. Mahesh Singh (For brevity, '3rd Respondent'). The said 1st Respondent Company was incorporated on 20th June, 2012 as a Private Company limited by shares in the State of Tamil Nadu with its main objects to promote online shop, e-shop, health portals, online store; and to develop Business to Customer, Business to Business, online shopping mediums and all other means of e-trading and services in healthcare.;