AI Structured Summary
Not yet generated for this judgment
Judgment
Ramalingam Sudhakar, President Member
The prayer made in this Transfer Application reads as follows:-
a. Allow the present Transfer Petition and Transfer the CP No. 140(CHE) of 2022 Manimegalai Unnikrishnan Vs. M/s JSM Aggregates and Sands Pvt. Ltd. pending before Hon’ble National Company
Law Tribunal Chennai Court-II to Hon’ble National Company Law Tribunal Chennai Court-1
b. Direct the office of Registry of the Hon’ble National
Company Law Tribunal, Chennai to take appropriate steps for listing the matters;
c. Pass any other order this Hon’ble Tribunal may deem fit in accordance with the facts and circumstances of the case.
The present transfer petition is filed under Rule 16(d) of the NCLT Rules, 2016 seeking transfer of CP No. 140(CHE) of 2022 filed under section 241 & 242 of Companies Act, 2013 by the petitioner before the NCLT, Chennai Court-II to NCLT, Chennai Court-I
The petitioner submits that it had purchased 51% of the shares worth of Rs. 1,27,50,000/- (Rupees One Crore Twenty-Seven Lakhs and Fifty Thousand Only) in the R1 Company on 17.09.2019 and 17.12.2019. The R2 had lured the petitioner to invest into R1 Company by taking advantage of petitioner’s goodness.
The petitioner submits since its induction as a Director in the R1 Company, she was not provided access to books of accounts, the digital signature, the letter head of the company, details of the bank account of the R1 Company and was also not authorized to withdraw monies for the operations of R1 Company. Further the R2 had tried to stop the operations of the R1 Company through various ways and is violating different provisions of the Companies Act, 2013 just to ensure that the company is struck off from the Registrar of Companies.
The Petitioner submits that the acts of R2 to R4 have clearly resulted in misconduct and oppression of the petitioner and hence the petitioner moved CP No. 140 of 2022 under Section 241-242 of the Companies Act, 2013 which is currently pending before the NCLT, Chennai Court-II
The Petitioner submits that Perumal Reddy Muthuswamy (R2 in CP No. 140 of 2022) filed Company Petition CP No. 27/CHE/2022 under Section 241-242 of the Companies Act, 2013 against respondents-Petitioner in CP No. 140 and the Company.
The details of two different cases concerning the same parties is given below:
Perumal Reddy Muthuswamy Vs. Ms. JSM Aggregates and Sands Pvt. Ltd & Ors. (CP No. 27/CHE/2022) u/s 241&242 of Companies Act, 2013 pending before NCLT, Chennai Court-1
Manimegalai Unnikrishnan Vs. M/s JSM Aggregates and Sand Pvt. Ltd (CP No. 140/CHE/2022 u/s 241-244 of Companies Act, 2013 pending before NCLT, Chennai Court-2
Observation, Analysis & Order:
The Respondent No. 2 in this transfer application have filed a Company Petition (CP No. 27/CHE/2022) against the petitioner herein before the NCLT, Chennai Court-1 in which the proceedings are pending. In response to this Petition the Petitioner herein also filed a Company Petition (CP No. 140/CHE/2022) before the NCLT, Chennai Court-2 in which the proceedings are pending.
The Respondent No. 2 in this transfer application has also filed a counter statement stating that it has no objection to the transfer of the case registered in CP No. 140/CHE/2022 to NCLT, Chennai Court-1, the relevant portion of the counter statement is extracted below:
The 2nd Respondent submit that he has no objection to the transfer of the case registered in CP No. 140/CHE/2022 to the Hon’ble National Company Law Tribunal, Chennai Court-1
In this view of the above factual position and in the interest of justice this Tribunal is inclined to transfer the Company Petition CP No. 140(CHE) of 2022 titled as Mamimegalai Unnikrishnan Vs. M/s JSM Aggregates and Sands Pvt. Ltd pending before NCLT, Chennai Court-2 to NCLT, Chennai Court-1 for hearing
Accordingly, TA (Co. Act)-04(PB)/2023 stands allowed as above.