RATTAN LAL GARG; ISHWAR Vs. PARMESHWAR BUILDTECH (P) LIMITED
LAWS(NCLT)-2017-11-27
NATIONAL COMPANY LAW TRIBUNAL
Decided on November 03,2017

Rattan Lal Garg Appellant
VERSUS
PARMESHWAR BUILDTECH (P) LIMITED Respondents

JUDGEMENT

- (1.) The above Company petition has been filed under the provisions of Section 98 of the Companies Act, 2013 read with the Rule 75 of the NCLT Rules, 2016 seeking for the following reliefs : a) an Extra Ordinary General meeting of the company be called or directed to be called ; the Tribunal may fix the date of EGM ; b) such ancillary or consequential directions be given as the Hon'ble Tribunal thinks expedient including directions modifying or supple-menting in relation to the calling, holding and conducting of the meeting, the operation of the provisions of the act and of the company's article of association ; c) to direct the Registrar of Companies, Delhi and Haryana to allow the use of digital signatures of any one of the alleged additional directors whose tenure has expired or to register the digital signature from back and for any one of the new director, for the limited purpose of filing DIR 12 for the appointment of new directors to be appointed in the Tribunal convened extra ordinary general meeting. d) such further order or orders be made or directions be given affording necessary reliefs as in the premises the Hon'ble Tribunal may think fit and proper.
(2.) Perusal of the petition discloses that the Respondent Company was incorporated on 215tJan, 2016 as a Private Limited Company with the entire capital of the Company being held by the petitioners. The petitioner has also stated that they were the first Directors of the company and the authorized share capital of the company as stated in the charter documents of the respondent Company is to the extent of Rs.l crore divided into 10,00,000 equity shares of Rs.10/- each. The issued and paid up capital of the respondent Company is stated to be Rs.1,00,000/- divided into 10,000 equity shares of Rs.10/- each. The petitioners claim that they hold 100% share capital of the company.
(3.) The main object of the company for which it is stated to have been incorporated is as follows : i. To purchase, acquire, take on lease or in any other such lawful Manner, any land, building and structure and to develop the same and dispose off or maintain the same and build township, markets, commercial complex with all or related conveniences thereon. ii. To lay out develop, construct, build, erect, demolish, alter, repair or do any other such civil and constructional work in connection with any building or building schemes, roads highways, sewers, bridges, canal etc. ";


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