JUDGEMENT
Manorama Kumari, Member -
(1.) The present petition is filed by the petitioner invoking various provisions of the Companies Act, 1956 alleging certain acts of oppression and mismanagement in the affairs of the respondent No. 1, company and sought various reliefs.
The Counsel appeared for the petitioner, narrated the brief facts of the case. He submitted that:
1. The Company was incorporated on April 5, 2006 and is a private limited company. The registered Office of the company is situated at Sibendra Narayan Road, Badur Bagan, Post & District - Cooch Behar, West Bengal - 736101. The authorised share capital of the company is Rs. 1 crore comprised of 10,00,000 equity shares of Rs. 10/- each and the valid, issued, subscribed and paid up share capital of the company is Rs. 58,10,150/- comprised of 5,81,015 equity shares of Rs. 10/- each, as on March 31, 2013.
(2.) The company is in the nature of Partnership between four people, i.e. the petitioner and the respondent Nos. 2, 3 and 4. The respondent No. 2 is one of the brothers of the petitioner, respondent No. 3, is a cousin of the petitioner and the respondent No. 4 is a family friend of the petitioner. At the time of incorporation, all the tour shareholders had 25000 shares each. The petitioner along with the respondent Nos. 2, 3 and 4 have always been the Directors of the company since its incorporation till the petitioner was illegally removed from the board of Directors on December 24, 2013.
(3.) The Company is a manufacturer of fertilizers by the name of "Sabuj Sona". The factory unit is situated on the land belonging to the petitioner's wife. The petitioner's wife has allowed the company to use her land and set up the factory unit without any consideration whatsoever.;
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