JUDGMENT

(Hybrid Mode)

[Per: Ajai Das Mehrotra, Member (Technical)]

The Respondents No. 16 to 19 of the present appeal had filed Company Petition bearing CP No. 287/KB/2023 under Sections 241 and 242 of the Companies Act, 2013 (hereinafter referred to as the “Act”) before the Ld. NCLT, Kolkata alleging oppression and mismanagement in running of Respondent No. 1 Company, namely, the Calcutta Cricket & Football Club. Since the Respondents were not fulfilling the eligibility criteria prescribed under Section 244(1)(b) by the Act, an Interlocutory Application bearing I.A. (CA) No. 183/KB/2023 was filed before the Ld. NCLT seeking waiver of the eligibility prescribed in Section 244(1)(b) of the Act by invoking the powers given to the Tribunal in proviso to Section 241(1)(b) of the said Act.

2. The Respondent No. 1 is a Company incorporated under Section 8 of the Companies Act, 2013 and does not have any share capital. The Respondent No. 1 Company has approximately 1850 members. The Respondents No. 16 to 19, who were petitioners before Ld. NCLT, are stated to be members of the general committee of Respondent No. 1 Company. The Appellant herein is also a general committee member of the Respon