- (1.) The Present Company Petition bearing CP No. 303/241/HDB/2017 is filed by Mr. Chekuri Sekhar & Mrs. Chekuri Sujatha, under Section 241, R/w. Section 244 and Section 59 of the Companies Act, 2013, by interalia seeking the following: a) to declare the resolution passed at the purported E.G.M. held on 14.06.2017 whereby the petitioners were removed from the Directorships of the first respondent company as illegal, arbitrary, malafide in direct violation of provisions the Companies Act, 2013 and principles of natural justice and consequently set aside the same and further direct the first respondent company to restore the names of the petitioners as Directors of the first respondent company; b) To declare the board meeting purportedly held on 04.01.2017 without any proper notice or knowledge to the petitioners wherein the respondent nos.11 & 12 were inducted as additional directors of the Company as null and void and bad in law and consequently set aside the same; c) To declare the transfer of shares held by the respondent no.4 & 5 in favour of the respondent nos.11 & 12 as arbitrary, illegal and in direct violation of the provisions of the Companies Act, 2013 and article 15 of Articles of Association of the Company and Consequently set aside the same and direct the consequent rectification of register of members; d) To direct the respondents to account for the huge amounts diverted from the first respondent company and also account for the under-reported revenues of the first respondent company for the financial years, 2014-15, 2015-16 and 2016-17, and consequently direct to bring the monies so siphoned off from the first respondent into the company's account.
(2.) Brief facts of the case, as mentioned in the application, are as follows: a) M/s. Kinnera Cold Storage Pvt. Ltd (first respondent company) (Hereinafter referred to as the Company) is a Limited Company incorporated under the provisions of Companies Act, 1956 on 20.05.1998, bearing CIN:U63022AP1998PTC029435, and having its Registered Office situated at Door No. 2-3-138, S.B. Enclave, 3rd Floor, Gandhi Chowk, Khammam-507003, Telangana. b) The authorized share capital of the Company is Rs. 40,00,000/- (Rupees Forty \ Lakhs only) divided into 4,00,000 equity shares of Rs. 10/- each and Equity share capital is Rs.40,00,000/- (Rupees Forty Lakhs) divided into 4,00,000 equity shares of Rs. 10/- each. c) The main objects of the company is to buying, selling, deal in constructing and installing cold storage(s) , air conditioning or any other plant for preserving and storing frozen and other materials and all kinds of perishable food stuffs including pulses, food grains, seeds, spices, fruits, vegetables, flowers, food products, fish, meat, poultry products, dairy and milk products and on turkey basis or otherwise erection of cold storage plants, take up repairs and maintenance job of cold storage plants and in general to provide consultancy services for cold storage plants.
(3.) The case is listed for hearing on admission on 24.11.2017. Since none appears for the petitioner, the case was directed to be posted under caption for dismissal on 01.12.2017. Today also, neither petitioner nor anybody appeared for the petitioner. Office objections has also not been complied with. It shows that the petitioner is not interested to prosecute the case. Therefore we have no other option but except to dismiss the case for default.;