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Judgment
The present appeal has been filed by the appellant under Section 421 of the Companies Act, 2013 against the impugned order dated 25.07.2023 of the Ld. Adjudicating Authority, NCLT, New Delhi Bench III in I No.338/2022 in CP No.157/241-242/2022.
The appellant held EGM on 01.08.2022 and subsequently a Board Meeting on 20.08.2022 but it was challenged in a Company Petition before the Learned NCLT wherein vide the impugned order dated 25.07.2023 it was held no prior and proper notice of EGM as well as Board Meeting was given. The learned counsel for the appellant is aggrieved of the fact while passing an impugned order, the Learned NCLT had also commented that appellant has fabricated the said EGM for the purpose of appointing his son as a Director of the Company.
During the course of arguments, the learned counsel for the appellant had taken us to Section 100 and 101 of Companies Act, 2013 to say the impugned order suffers from infirmity as it had interpreted Section 100 of the Companies Act, 2013 whereas in the facts of the case Section 101 was applicable, Nevertheless the learned counsel for the Respondent has pointed out some of the shareholders were sent notice of EOGM on wrong email addresses and to some 21 days clear notice(s) were not given.
Admittedly the appellant has filed only 22 tracking reports and 30 postal receipts whereas there are 76 shareholders in the company.
However, at this stage without elucidating much on merits, the learned counsel for the appellant says he shall be satisfied if the remarks made by the learned NCLT viz. petitioner has fabricated the EGM be expunged, and that the appellant shall hold a fresh EGM as well as Board Meeting, in accordance with law.
In the circumstances, the observation in the impugned order qua fabrication of the record by the appellant is hereby expunged and liberty is hereby granted to the Appellant to hold a fresh EGM as well as Board Meeting in accordance with law.
With these observations the appeal stands disposed of.
Pending IAs, if any, are also disposed of.