- (1.) M.A. NO. 158/2017 IN T.C.P. NO. 49/397-398/NCLT/MB/GOA/2016 Ld. Advocate for the Petitioners and Ld. Advocate for Respondent No.2 are present.
(2.) In brief, an Order was passed on 16th January, 2017 in C.P. No. 49/397-398/2016 and certain directions were given and one of them was that the removal of Petitioners No. 1 and 2 as Directors was not in the interest of Respondent No.l Company. It was directed to induct those two Directors on the Board of the Company after taking due legal process.
(3.) Consequent thereupon, the Applicant contacted the Registrar of Companies, Goa at Panjim, who, however, informed that the system would not allow to upload the requisite Form on the Website due to the reason that the Petitioners were not signatories in the records. The Petitioners were advised to send Notice to the signatories i.e. Respondents No. 2 and 3 so that the compliance of NCLT Order could be made. According to the Petitioners, even after issuing Notices, the Respondents have not taken any steps to comply with the Order. When the efforts failed, Petitioners have moved the Application now under consideration on 24th April, 2017 seeking following reliefs:- "1. To allow the Applicants / Petitioners to file Form DIR 12 for their appointment as directors in terms of the Order passed by this Hon vie Bench on their own under their Digital Signature Certificate (DSC). 2. To direct the Registrar of Companies, Goa at Panjim to take on records the Form No, DIR 12 filed by the Applicants / Petitioners for induction as Directors on the Board of the company. 3. To direct the Respondents to pay the cost of this Company Application being a sum of Rs. 100,000/- (Rs. One lac) to be paid to the Petitioners for their inaction not to comply with the Order. 4. To pass punitive order/s in terms of Section 425 of the Companies Act, 2013 against the Respondents for contempt of the Order passed by this Hon'ble Bench";