M.K. Shrawat, Member - (1.) A Petition has been filed on 03.07.2017 under section 97 of the Companies Act, 2013 by the Petitioner, Mrs. Sonali Nimish Arora for the directions to convene the Annual General Meeting of the Respondent No.l Company viz. M/s. Tresorie Traders Pvt. Ltd. and further direction that one member shall constitute the quorum of the Meeting.
(2.) The Petitioner stated to be holding 990 equity shares of Respondent No.l Company constituting 99 per cent of the total paid up share capital. It is also claimed that she happened to be a whole time Director with effect from 17.04.1996. the main prayer is that as a Member she is seeking direction to convene an Annual General Meeting as prescribed under section 96 of the Companies Act, 2013 by invoking the powers to NCLT to call Annual General Meeting under section 97 in case of default.
(3.) One of the reason for initiation of this Petition is that upon the demise of late Mr Gopal Raheja on 18.03.2014, the Petitioner and the Respondent No.2 viz. Mr. Sandeep Gopal Raheja are the only shareholders. However, Respondent No.2 distanced himself from the working of the Company despite receiving notices for attending the AGM. It is stated that the Respondent No.2 deliberately remained absent and did not attend the Meetings. The consequence was that the Petitioner is the only shareholder present but due to want of quorum AGM could not be convened. It has been alleged that Respondent No.2 is holding only 0.5 per cent shareholding and misusing his position as a shareholder of Rl Company. Certain instances of issuance of notice intimating the date of AGM are narrated in the Petition and it has also been narrated that due to want of quorum those Meetings were adjourned.;