A.I.S. Cheema, Member - (1.) Heard the learned counsel for the appellants. This appeal has been filed against the impugned order dated 27th October, 2017 passed by the National Company Law Tribunal, Guwahati Bench, Guwahati (hereinafter referred to as 'NCLT') in T.A. No. 02/2016 (CA No. 134/2016) in T.P. No. 06/397/398/GB/2016 (C.P. No. 287/2012).
(2.) It is stated that Respondent No. 1 moved application before the NCLT seeking facility of attending the Board meetings through videoconferencing. The petition was earlier filed under Sections 397 & 398 read with Section 402 of the Companies Act, 1956 ('Old Act' in brief). Respondent No. 1 claimed right to p icipate in the Board meetings through video-conferencing relying on Section 173(2) of the Companies Act, 2013 ('New Act' in brief). The matter had earlier come-up before the Company Law Board ('CLB') and being aggrieved by certain observations, the same was carried to the High Court of Guwahati. The Hon'ble High Court found that the appeal did not raise any question of law and sent back the matter. The same came up before the NCLT and hearing both sides, the NCLT allowed the application filed by Respondent No. 1 directing that the facility under Section 173(2) of the New Act should be made available.
(3.) Learned counsel for the appellants states that Appellants Nos. 1 and 3 are other Directors of the Company and the appellants have filed this appeal on behalf of the Company. According to the learned counsel, the appellants are aggrieved as they have apprehension that when the original Petitioner participates in the meetings through videoconferencing, it would not be possible to ensure that nobody else is present from where the Original Petitioner would be participating. According to him, the Secretarial Standards on Meetings of the Board of Directors have considered this aspect and the Secretarial Standards have prescribed that such option under the provisions of the New Act and the Rules should be resorted to only when the facilities are provided by the Company to its Directors.;