CHANDRAKANT SHANKAR PATHAK Vs. INDIGO HOTELS (P.) LTD. AND ORS.

JUDGEMENT

(1.) THE petitioner has filed the present company petition under sections 397 and 398 of the Companies Act, 1956 ('the Act'), complaining therein certain acts of oppression and mismanagement purportedly committed by the respondent Nos. 2 to 11 in the affairs of the respondent No. 1 -company ('the company'). The petitioner has sought various reliefs as contained in the petition. The facts in brief leading to filing the present petition are as follows:

(2.) THE respondent Nos. 1 to 4 appeared and filed their joint reply. In their reply they have denied all the averments made by the petitioner in the petition and have stated that the respondent No. 2 had for himself and on behalf of his nominees purchased the entire shareholding of the respondent Nos. 8 to 10 and it is incorrect to say that there was any understanding arrived at between the petitioner and the respondent No. 2 would jointly acquire by way of purchase of the entire shareholding in equal proportion.

(3.) IT is noted that during the course of trial, the petitioner was removed as a director of the respondent No. 1 pursuant to resolution passed in the EGM on 22nd September, 2011. Therefore the petitioner filed a petition, to which amended reply and rejoinder were filed.