Mohd. Sharief Tariq, Member - (1.) The company petition C.P. No. 31 of 2016 was filed before the CLB on 25.4.2016 that came to be transferred to NCLT and renumbered as TCP No. 212 of 2016. The petitioner has filed the petition against five Respondents u/s. 397, 398, 402, 403, 406, 237 r/w Schedule XI of the Companies Act, 1956. Respondent No. 1 is a company having name and style "Star Quarry and Aggregates Private Limited" (for short '1st Respondent company'). It is a private company incorporated on 1.1.2009 under the provisions of the Companies Act, 1956 vide CIN 14292KL2009 PTC023638 falling under the jurisdiction of Registrar of Companies, Ernakulam, State of Kerala. The registered office of the company was situated at KP 18/1074, New Bangalaw, Kadakkal, Pin code-691536, the premises owned by the petitioner.
(2.) The authorised share capital of 1st Respondent at the time of incorporation was Rs. 5 lakhs only, divided into 5000 equity shares of Rs. 100/- each. The paid up share capital on incorporation was Rs. 3 lakhs divided into 3000 equity shares of Rs. 100/- each. The table given below demonstrates the number of shares with ratio of the paid up capital owned by the shareholders who subscribed to the Memorandum of Association: The following persons were appointed as the First Directors of the Company:-
(3.) The main object of the company as per the Memorandum of Association is to explore, produce, process, recover, formulate, mix and manufacture, mine or otherwise acquire, own, hold, use, lease, mortgage, pledge, buy, sell, exchange, distribute, assign, transfer or otherwise dispose of, trade, deal in and deal with, import and export any and all classes and kinds of rock products including rock blocks, etc.;