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2016 Supreme(NCLAT) 17

BALVINDER SINGH, S.J.MUKHOPADHAYA
R. S. India Wind Energy Private Ltd. – Appellant
Versus
PTC India Financial Services Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Salman Khurshid, Senior Advocate with Mr. Arjun Singh Bhati, Ms. Kamna Singh and Ms. Shrishti Singh, Advs.
For the Respondent:Mr. A.K. Ganguly, Senior Advocate with Mr. Mayank Mishra, Mr. Sidharth Sethi and Ms. Pragya Chauhan, Advs.

JUDGMENT :

Sudhansu Jyoti Mukhopadhaya, Chairperson

The present appeal arises out of the impugned order dated 22nd September 2016 passed by the National Company Law Tribunal, New Delhi, (hereinafter referred to as “Tribunal”) in an application bearing C.A. No. 92/C-I/2016 filed by the 1st respondent - PTC India Financial Services Limited in C.P. No. 60(ND)/2015 under Section 213 of the Companies Act, 2013. In the impugned order, the Tribunal observed as follows:-

    “The petitioner has brought out some apparent malpractices in the working of Respondent 1 Company to show that deeper probe is necessary. There has been complaint of mismanagement in the affairs of Respondent 1 Company. The applicant has also made out a good case by showing that there has been prima facie violations of the provisions of Companies Act in the maintenance of the minutes of various proceedings of the Respondent 1 company. Apparent misdeeds and dishonesty in the maintenance of minutes of the company in contravention of the provisions of the Act cannot be ruled out. Law makes the investigation comprehensive of all sorts of illegalities. Sub-clause 1 clause (b) of section 213 is wide enough to include contravention

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