H.P. Chaturvedi, Member - (1.) The present CA No. 90 & 91 of 2015 arises out of a final order dated 3.12.2014 passed by the Company Law Board in the Main Company Petition No. 49/ND/2014. The present Company Applications are filed by the Registrar of Companies, Uttar Pradesh, Kanpur on behalf of the Central Govt. through the Ministry of Corporate Affairs, (NR), New Delhi. By these applications, the Central Govt. has sought for such relief to recall the impugned order dated 03.12.2014 as passed by the learned Single Member of the Hon'ble Company Law Board, Principal Bench, New Delhi, wherein it pleased to issue such direction to the respondents, (herein the applicants in the present application), which are reproduced herein below:- (i) Clause 6 of the Memorandum of Association and alteration of Articles of Association on 22.09.2007 to create new category of members, viz., "Permanent Members" are illegal and hence, null and void. (ii) The Respondent Company be got re-registered/converted as a public limited company within 3 months hereof on account of crossing the prescribed limit of members in the private limited company by having 800 Members. (iii) The Company Petition No. 49(ND) 2014 and CA No. 130/2014 are disposed of accordingly. Stay order, if any, is hereby vacated. No order as to cost.
(2.) It is a matter of record that the Central Govt. through its office of the ROC, Kanpur had earlier preferred a Company Appeal (No. 7 of 2015), before the Hon'ble Allahabad High Court against the above mentioned impugned order. The Hon'ble High Court pleased to disposed of the same with such observation and by granting a liberty to the appellants (herein Respondent No. 4, 5 & 6 (e.g. Secretary, Govt. of India, Ministry of Corporate Affairs, New Delhi, Regional Director, Ministry of Corporate Affairs, New Delhi and the Registrar of the Companies, Kanpur) to move an appropriate application before the Company Law Board for recalling the impugned order dated 03.12.2014.
(3.) Pursuant thereto the present CA No. 90 & 91 of 2015 were preferred before the Principal Bench of Company Law Board. As the CLB came to be dissolved after the constitution of NCLT, the present company applications along with main C.P. No. 49(ND) 2014 were transferred to this bench for the purpose of hearing and disposal.;