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2016 Supreme(Del) 2177

NAJMI WAZIRI
Amaan Sachdev – Appellant
Versus
Fahed Abdulrahman Ali Alkhamiri – Respondent


Advocate Appeared:
Ms. Manmeet Kaur, Mr. Yashvardhan Bandi & Mr. Manan Chaddha, Advs.
Mr. U.K. Chaudhary, Sr. Advocate with Mr. Naveen Dahiya & Mr. Himanshu Vij., Advocates

JUDGMENT :

Najmi Waziri, J.

1. This Company Appeal, preferred under section 10F of the Companies Act, 1956, (hereinafter referred to as the “Companies Act”) impugns the order dated 03.07.2013 in Company Petition No. 26 (ND) of 2013 passed by the Company Law Board, Northern Region Branch, New Delhi (hereinafter referred to as the “CLB”). The impugned order rejected, on merits, the appellants prayer for an investigation into the Respondent No. 12-company under section 235 of the Companies Act.

2. It was the appellants case before the CLB that Mr. Amaan Sachdev and Mr. Aneel Sachdev held a total of 10,000 equity shares of Rs. 10 each, they held 100% of the total voting power of the Respondent No. 12-company thus the petition under section 235 was maintainable; they claimed to have noticed several irregularities in the affairs and day-to-day running of the respondent No. 12-company; that the respondents had carried out various E-form filings with the ROC without obtaining proper approval from the Board of Directors and shareholders of the company. These alleged irregularities included:

i. Holding meetings without the requisite period of notice required by law.

ii. Increasing the share capit






















































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