- (1.) Ca No. 1/2015 was originally filed before the Company Law Board and the same was transferred to this Bench and renumbered as TP No.72/2016 in CP No.18/2015.
(2.) This application is filed by the petitioner under Section 403 of the Companies Act, 1956 read with Regulation 44 of the Company Law Board Regulations with a prayer to direct the 2" respondent to hand over the books of account, vouchers and every other document of the company to the Statutory Auditor in the presence of an Independent Observer. Though the Company Law Board had earlier by its order dated 19.11.2015 directed the respondents to produce all the records of the company before the Bench Officer of the Company Law Board on any working day from 23.11.2015 to 27.11.2015, the 2nd respondent had not done so. The petitioner submits that the 2nd respondent subsequently produced certain records of the company to the Bench Officer of the Company Law Board and the Company Law Board by its order dated 21.01.2016 permitted the applicant's Advocate to inspect the records on 29.01.2016 at 4.30 p.m. A copy of the said order is annexed herewith as Annexure-A-39.
(3.) The applicant-petitioner further submits that the authorised representative and practising company secretary of the applicant inspected the records submitted by the 2" respondent on the above date at the specified time and furnished the list of records submitted by the 2" respondent to the Bench Officer and a copy of the records so produced is annexed herewith as Annexure-A40.;