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IN THE NATIONAL COMPANY LAW TRIBUNAL

DIVISION BENCH (COURT– I) CHENNAI

ATTENDANCE CUM ORDER SHEET OF THE HEARING

HELD ON 18.12.2024 THROUGH VIDEO CONFERENCING

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PRESENT: HON’BLE SHRI. SANJIV JAIN, MEMBER (JUDICIAL)

HON’BLE SHRI. VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL

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APPLICATION NUMBER :

PETITION NUMBER : CP/151/2019

NAME OF THE PETITIONER(S) : D Suseela

NAME OF THE RESPONDENTS : Global Best Foundries Pvt Ltd & Ors

UNDER SECTION : Sec 241/242 of CA, 2016

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ORDER IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH – I, CHENNAI (filed under Sections 213 & 241 of the Companies Act, 2013)

Present: None for the Petitioner.

None for the Respondent.

Vide separate order pronounced in Open Court, the petition is dismissed.

File be consigned to records.

Sd/- Sd/-

(VENKATARAMAN SUBRAMANIAM) (SANJIV JAIN) MEMBER (TECHNICAL) MEMBER (JUDICIAL)

MG

Mrs. D. Suseela, W/o G. Damodaran -

Door No. 34 M, Vanavil Apartments Karuvalur Road, SS. Kulam Post Coimbatore – 641 107 … Petitioner - -

Vs

1. M/s. Global Best Foundries Private Limited A Company incorporated under the Companies Act, 1956, having its registered ofoce at No. 245/1B & 1C Kunnathur Village Oraikkalpalayam Pirivu Kunnathur pudur post, Sathy Main Road Coimbatore – 107 Tamil Nadu … 1st Respondent

2. Mr. B.V. Hari Krishnan, Managing Director, Global Best Foundries Pvt Ltd, No 245 / 1B & 1C Kunnathur Village Oraikkalpalayam Pirivu Kunnathur pudur post, Sathy Main Road, Coimbatore – 107 Tamil Nadu … 2nd Respondent Present:

For Petitioner :Raghav Menon, Advocate For Respondents :Manjula Devi, Advocate Order delivered on 18th December, 2024 CORAM:

SANJIV JAIN, MEMBER (JUDICIAL)

VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

O R D E R

(Heard through VC)

Ms. D. Suseela, the Petitioner, herein, holding 1,02,000 shares i.e. 8.89% of the total shareholding of M/s. Global Best Foundries Private Limited, a Company incorporated under the Companies Act, 2013 has filed the petition under Section 213 & 241 of the Companies Act, 2013 seeking the following reliefs.

i) Declare that 2nd Respondent is not fit and proper to hold the position as director of the Company, having acted in a manner prejudicial and guilty of breaching his fiduciary duties that he owes to the 1st Respondent Company & the Petitioner herein;

ii) Declare that the conduct of the 2nd Respondent herein is Oppressive, harsh & burdensome to the Petitioner and the 1st Respondent Company, iii) Declare the Financial Returns filed by the Respondents for the Financial year ending 31st March, 2017 as null and void, since the same has not been sent to the Petitioner nor discussed and adopted at a validly convened Annual General Meeting of the 1st Respondent Company:

iv) Direct an Investigation into the affairs of the 1st Respondent Company in view of the acts complained above;

v) Declare the alleged Cessation of the Petitioner's directorship of the 1st Respondent Company as illegal, fraudulent, null and void;

vi) Direct the 1st Respondent Company to reinstate the Petitioner as the permanent Director of the 1st Respondent Company:

vii) Such directions that this Tribunal may deem fit to bring to an end the matters complained of in this Petition;

viii) To declare that the "Special Notice for Removal of Director" Mrs. D.

Suseela dt.10.08.2017 signed by Respondent No.2 and other Directors as illegal, fraudulent & null & void, the same being illegal, fraudulent, null and void, and oppressive to the Petitioner;

ix) Restrain the Respondents from acting in any manner detrimental to the Interests of the 1st Respondent Company and its minority shareholders; x) Direct the Respondents herein to pay the costs of the Petition; &

xi) Pass any such further or other or