2024 Supreme(Online)(NCLT) 2659
NATIONAL COMPANY LAW TRIBUNAL
MR JONNALAGADDA PRAKASH DIRECTOR OF M/S INQUISITI INDIA PRIVATE LIMITED – Appellant
Versus
M/s Inquisitio India Private Limited – Respondent
CP - 7/2023
For the Petitioner:AMANCHARLA V GOPALA RAO
For the Respondent:Mirza Moinullah Baig
S.No.2
IN THE NATIONAL COMPANY LAW TRIBUNAL
VC AND PHYSCIAL (HYBRID) MODE
ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON
03-07-2024 AT 10:30 AM
CP No. 7/241/HDB/2023
u/s. 241 of Companies Act, 2013
IN THE MATTER OF: Mr Jonnalagadda Prakash
(Director of M/s Inquisitio India Private Limited) …Petitioner
AND
M/s Inquisitio India Private Limited …Respondent
C O R A M:-
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)
SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)
O R D E R
Orders pronounced. In the result, this company petition is dismissed. No costs.
Sd/- Sd/-
MEMBER (T) MEMBER (J)
Swapna
IN THE NATIONAL COMPANY LAW TRIBUNAL Under section 241 read with Rules 59, 130 and 213 and other applicable rules of Companies Act, 2013.
IN THE MATTER OF M/S. INQUISITIO INDIA PRIVATE LIMITED BETWEEN:
Jonnalagadda Prakash, S/o. Late J.Anjaneyulu, aged about 65 years, Director, Inquisitio India Pvt. Ltd., R/o. Flat No. 403, Vaishnavi Apartments, 4-7-13, Ravindara Nagar, Nacharam, Hyderabad-500 076.
Email : prakashj1956@gmail.com, 9550009899 …..Petitioner And
1. M/s. Inquisitio India Private Ltd., CIN No.U749999TG2017PTC116997 Office: 1-10-233/A, Flat No. 203, Asoka Apts, Ashok Nagar, Hyderabad - 500 020 inquisitiohyd@gmail.com
2. Dereddy Swamy Reddy, S/o. Late D.Ram Reddy, Aged about 61 years, Director, Inquisitio India Pvt. Ltd R/o SAI House, 1-1-18/189, TRT-161-164, Jawahar Nagar, RTC Cross Roads, Hyderabad-500 020 Or at 1-10-233/A, Flat No, 203, Asoka Apts, Ashok Nagar, Hyderabad-500 020 dswamyreddy@gmail.com
3. Regional Director, South East Region
3rd Floor, Corporate Bhawan, Bandlaguda, Nagole, Tattiannaram village Hayat Nagar Mandal, Ranga Reddy District, Hyderabad-500 068, Telangana
4. Registrar of Companies, Telangana
2nd Floor, Corporate Bhawan, Bandlaguda, Nagole, Tattiarinaram village Hayat Nagar Mandal, Ranga Reddy District, Hyderabad-500 068, Telangana …..Respondents DATE OF ORDER: 03.07.2024 Corum:
Dr. Venkata Ramakrishna Badarinath Nandula, Hon’ble Member (Judicial)
Shri Charan Singh, Hon’ble Member (Technical)
Appearance:
For Petitioner : Mr.Amancharla V.Gopala Rao, Counsel For Respondent No.2 : Mr.Mirza Moinullah Baig, Counsel PER BENCH
ORDER
1. The main Company petition is filed by Petitioner who is Director of the Respondent No.1 company M/s. Inquisitio India Private Limited, under Section 241 of the Companies Act, 2013. The petitioner sought the following reliefs:
a) To order for rectification of Register of the Members of the Respondent No 1 Company by declaring the petitioner as one director/member company under the provision of section 3(1)(c) of the Companies Act, 2013, as defined under Section 2(62) "One Person Company with the petitioner as a member" by deleting the name of the respondent No.2 from the company, effective
31.03.2022.
b) Declare that the actions of the Respondents No. 2 as illegal, oppressive and tantamount to mismanagement of the Company.
c) To remove Respondent no. 2 as director of the Respondent No. 1 Company.
d) to make good an amount of Rs:29.70 lakhs by the respondent 2 to the account, that has to be received dutifully, BY THE PETITIONER as per the practice in the previous years, RS: 18.00 LAKHS AS INCENTIVE, (FOR AN AMOUNT OF RS: 6 00 LAKHS INCOME TAX ALSO PAID), also RS.11.70 LAKHS FOR MANAGING THE COMPANY FROM LAST JANUARY 2022 TO TILL DATE RS:90,000, P.M.
e) To direct the ROC, Respondent No.4 to initiate criminal proceedings against Respondent No. 2 under section 447 and 448 before the appropriate Special Court for fraud committed him.
f) To pass any other consequential, incidental or other order(s) as this Hon'ble Tribunal may deem fit.
2. The respondent No. 1 is a Company incorporated on 15 May 2017 under the Companies Act, 2013 pursuant to sub section (2) of Section 7 of the Act 2013 and rule 18 of the Rules 2014, the Respondent No. 1 i.e., M/s.Inquisitio India, Private Limited, CIN No. U749999TG2017PTC116997 has authorized share capital of Rs. 1,00,000/- divided into 10,000 (Ten Thousand only) Equity Shares