QVC Exports Private Limited & Ors. vs Cosmic Ferro Allows Limited & Ors.

Ravi Krishan Kapur, J

The grievance of the petitioner is directed against an order passed by the learned Member (Judicial), National Company Law Tribunal, Kolkata Bench

in C.P.No. 1836 of 2019 (QVC Exports & Ors. Vs. Cosmic Ferro Allows Limited & Ors.).

It is submitted by the counsel on behalf of the petitioner that due to non-availability of the Bench he is compelled to file this present revisional petition.

The grievance of the petitioner is directed against a meeting that was held on June 29, 2020 in respect of the company being the respondent no. 1

herein.

Mr. Abhrajit Mitra, Senior Advocate appearing on behalf of the respondent no. 1 fairly submits that due to the non-attendance of the petitioner at the

said meeting, no effective decision has yet been taken at the meeting.

Mr. Joy Saha, Senior Advocate appearing on behalf of the respondent no. 2 vehemently opposed the submissions of the petitioner.

It is submitted by the counsel appearing on behalf of the respondents that a fresh notice in respect of the adjourned meeting will be issued to the

petitioner.

It is expected that the petitioner will get a reasonable notice of such meeting keeping in view the non-functioning of the National Company Law

Appellate Tribunal, New Delhi.

It is fairly submitted on behalf of the respondents that the adjourned meeting will be held on Tuesday i.e. on July 07, 2020. The respondents will inform

the petitioner about the venue and the date and time of the meeting.

It is recorded that fixing of the meeting on July 07, 2020 is at his instance i.e. the petitioner in order to enable him to move the National Company Law

Appellate Tribunal, New Delhi. It is also submitted by him i.e. the petitioner that non-compliance of Section 103(2) of the Companies Act, 2013 will

not be taken by his client in assailing the proposed meeting.

In view of the submissions made by Mr. Mitra that the meeting has been adjourned and no effective decision was taken at the said meeting the

apprehension of Mr. Chowdhury, counsel appearing on behalf of the petitioner is unfounded.

With the aforesaid directions C.O.No. 1130 of 2020 along with CAN No. 3629 of 2020 are disposed of.

I make it clear that I have not gone into the merits of this case and the petitioner is at liberty to take all points available to him in accordance with law

before the Appropriate Forum. The petitioner is also at liberty to take all grievances in respect of the proposed meeting to be held on July 07, 2020 as

available to him in accordance with law.