- (1.) This Petition is filed on 19.06.2017 by invoking the jurisdiction under section 241(1) of the Companies Act, 2013 and the reliefs sought are reproduced below:- "a. The Respondent may please be restrained from preventing the Applicants from visiting the factory premises of the Company located at Malegaon; b. This Hon'ble Tribunal may be pleased to direct the Respondent to forthwith handover the keys to the factory premises of the Company to the Applicants and thereafter be prevented from interfering with either the business or possession of the factory premises of the Company; c. This Hon'ble Tribunal is requested to put the Respondent to appropriate cost for the loss and damages caused to the Company due to his Illegal acts; d. This Hon'ble Tribunal is kindly requested to grant any other relief which has not been considered by the Applicants in the interest of equity, justice and good conscience. Cost may also be awarded."
(2.) Facts in brief are that Om Printing and Flexible Packaging Pvt. Ltd. having its unit at Malegaon, District Nasik and Head Office at Vashi in Navi Mumbai was incorporated to carry on manufacturing activity of Printing and Packaging materials. The details of the shareholding as per the Petition were as under as on 25th October, 2016:-
(3.) Petitioner Mr. Pramod D. More was holding 16.16%, his son Mr. Akash P. More was holding 16.54% and Petitioner No.2 Mr. Roshan P. More was holding 28.06%. It has also been clarified that two of the shareholders viz. Varsha P. More and Priyanka R. More were having respectively 17.66% and 0.26% shareholding. The Petitioner has claimed that the total shareholding of the family was thus 78.67%. The Respondents and Lodha family were entrusted to look after the Plant and manufacturing activity. One of the allegation is that the Respondents and Lodha family have mismanaged the affairs and wilfully neglected the business activity. The Applicant requested the Respondent to make payment of salaries etc. but instead of making the payment to security guards on 3rd March 2013 along with his son forcibly removed the security guards from the factory premises. The workers informed the Petitioner that the Respondents have also removed them from the service with effect from 3rd March 2017. On raising the question, the Respondent Mr. Sekhar Jagganath Sonawane threatened the Petitioner. He had threatened that neither the Petitioner nor the Directors along with Lodha family would be allowed to enter the factory premises. The Petitioner had sent one of his Representatives to inspect the factory premises, however, on reaching the factory it was found that the Respondent had appointed a person as Watchman who had not allowed and even the locks have been changed. To repay the Bank dues the Petitioner wanted to enter into MOU with V.M. Group. However, the Respondent had not allowed any of them to visit the factory, leave alone to start the manufacturing. Due to the behaviour of the Respondent, Company suffered losses and even unable to repay Bank loan which was approximately Rs. 12 crores. The talks with the potential investors who were willing to buy the entire Company, so that the Bank dues could be cleared, have withdrawn their proposal. All requests have declined by the Respondent. Due to this reason, the Petition under consideration was moved and an Interim relief was also sought to allow the Petitioner to have access to the factory premises and the Respondent be restrained from putting impediments in the inspection or restoration of production.;