IN THE NATIONAL COMPANY LAW TRIBUNAL

ALLAHABAD BENCH, PRAYAGRAJ

IN THE MATTER OF:

Under Section 241/244 Companies Act, 2013.

IN THE MATTER OF:

Mohit Jaiswal,

S/o Ram Naresh Jaiswal

Aged about 27 years,

R/o 554 Kha/3Kha/1 Visheshwar Nagar,

Alambagh, Lucknow.

………PETITIONER

Versus

1. M.J. Infragreen Pvt Ltd

1/11 Virat Khand, Gomti Nagar

Lucknow

CIN No.U70102UP2015PTC074667

2. Zaki Ahmad

S/o Mohd Harun R/o 295/205G/1

Kasari Masari Chakiya,

GTB Nagar, Prayagraj,

Uttar Pradesh.

3. Mohd Farooque

S/o Mohd Ramzan,

R/o 174, Badshahi Mandi,

Prayagraj, Uttar Pradesh.

4. Registrar of Companies

Kanpur, West Cott Building, The Mall,

Kanpur-208001.

………RESPONDENTS

Order pronounced on: 18.12.2024 CORAM:

1. Hon’ble Shri Praveen Gupta, Member (Judicial)

2. Hon’ble Shri Ashish Verma, Member (Technical)

PRESENT:

Sh. Rahul Kapoor, Adv. : For the Petitioner None : For the Respondent nos.1 to 3 Sh. Krishna Dev Vyas, Adv. : For the ROC/ Res. No.4

ORDER

1. This Petition has been filed by Sri Mohit Jaiswal (hereinafter referred as the “Petitioner”) on 03.05.2019 under Sections 241 and 242 of the Companies Act, 2013 against the Respondent No.1 Company i.e. M/s M.J. Infragreen Pvt. Ltd. and its two directors being Respondent Nos.2 and 3 as mentioned in the array of parties as above. In this petition, the following reliefs have been sought: -

a) A scheme may be framed for the management and administration of the company.

b) Declare any transfer/allotment of shares to the Respondent 2 or Respondent no. 3 or to any other member as invalid and null and void and contrary to law as well as be set aside;

c) Declare the alleged resignation of the Petitioner dated 05/11/2018 which was uploaded on 26.12.2018 as null, forged, fictitious and void-ab-initio.

d) Reappoint the Petitioner as the Director of the Respondent No.1 company;

e) Declare that the Respondent No.2 and 3 have committed criminal offences and pass consequential orders against them as they are unfit to become the director of the concerned company i.e. Respondent no.1;

f) The Register of Members of the company be suitably rectified consequent to the alleged resignation fraudulently and illegally done by the Respondent No.2 and 3.

g) Any resolution and/or decisions been taken by the Respondent no.2 and 3 to be null and void.

h) An alleged meeting of the 'respondent no. 1:

Company' in which the respondent no. 2 and 3 has allegedly been appointed as the Director of the Company including of the meeting allegedly held on 28.09.2018 to be declared as null and void-ab-

initio as well as illegal.

i) Declare the appointment of the Respondent no. 2 and 3 to be contrary to law;

j) Remove the Respondent No. 2 and 3 from the post of Director of the Respondent No. 1 Company;

k) Ad-interim orders in terms of prayers above;

l) Costs of and incidental to this application be paid by the respondents m) Such further order or orders be passed and direction or directions be give as this Hon'ble Tribunal may deem fit and Proper.

INTERIM RELIEF a) The Respondent Nos. 2, 3 to forthwith disclose upon oath records, documents, books of accounts of the company, all statutory records and as well as the current share-holding pattern of the company; and b) Impound all statutory Books of the Respondent no. 01 company;

c) Injunction restraining the Respondent nos. 2 and

3 from involving themselves in the business of the company;

d) Injunction restraining the respondent nos. 2 and

3 from holding or convening any meeting of the Board of Directors or an Annual General Meeting or any Extraordinary General Meeting of the Company e) Injunction restraining the respondent No. 2 and 3 from altering and/or changing the shareholding pattern of the company in any manner whatsoever in pursuance of the aforementioned alleged resignation dated 05/11/2018.

f) Injunction restraining the respondent nos. 2 and

3 from conducting the affairs of the company or intermeddling with the affairs of the company;

g) Injunction restraining the respondents from dealing with or encumbering or creating any charge in respec