ORDER

PER: MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL)

1. The Petition has been filed under Section 241 and 242 read with Section 213 and other applicable provisions of the Companies Act, 2013 and the National Company Law Tribunal Rules, 2016 seeking the following reliefs:

a) Declare the appointment of the Respondent No. 3 as illegal and void ab initio;

b) Appoint a professional to conduct the forensic audit of the books of accounts of the Respondent No. 1 Company for the period starting from financial year 2018-19 onwards;

c) Allow the inspection of the statutory records and returns of the Respondent No.1 Company to petitioner along with professionals assisting her;

d) Direct Respondent No.2 to comply with the provisions of the Companies Act, 2013 and any other law(s) as may be applicable and his duties towards the Respondent No. 1 Company and its stakeholders;

e) Pass such further order or orders as this Hon'ble Board may deem fit and proper in the facts and circumstances of the case.

2. SUBMISSIONS OF THE PETITIONERS:

i. C.P. World Lines Private Limited is registered with ROC Delhi vide registration number 094905. It is a private limited Company, which was incorporated on 10/07/1998. The CIN U35114DL1998PTC094905. The Authorized share capital is INR 10000000. The registered office is at 181, Jeewan Nagar, Opposite Maharani Bagh, New Delhi 110014.

ii. The Respondent No.1 Company is carrying on the business as Custom Freight Agents and is registered with the Custom Authorities.

iii. Subsequent to the acts of oppression and mismanagement, the alleged Authorized Share Capital of the Respondent No. 1 Company is Rs. 1,00,00,000 (Rupees One Crore only). The paid up share capital was INR 536000 divided into 53600 equity shares of Rs. 10/- each. It is the Petitioners case that the Petitioner's husband, Shri Ravi Anand has been ousted from directorship and his father has been appointed by the minority shareholder by way of an Extraordinary General meeting without following the proper procedure and quorum and even the MCA website does not show Shri Ravi Anand as the director. Such act is in the teeth of the provisions of Companies Act, 2013. List of shareholders as on 31.3.2018 is reproduced hereinbelow:

iv. It is submitted that as on date, and subsequent to the acts of oppression and mismanagement, the directorship as on date has changed without following the due procedure established by law. The company records show that Shri Ravi Anand has been removed from directorship. The MCA website does not show the name of Ravi Anand as Director, even when there is no resignation and also not in accordance with the MOA and AOA of the company.

v. As on date, the Board of Directors of the Respondent No. 1 Company is as under:

1. Mr. Sandeep Anand

2. Mr. Nand Kumar Anand

vi. Since incorporation till 8.02.2018 (date of admission in hospital of Shri Ravi Anand), husband of the Petitioner was the shareholder of 48,600 shares (90.67%). The Petitioner got married to Ravi Anand in 1997 and both have a daughter, Ms. Khushi Anand (17 years old). Shri Ravi Anand suffered a major cardiac arrest and was admitted in hospital for a period of 3 months and was discharged in May 2018, but he was in a vegetative state though stable. The Petitioner had preferred a Writ Petition before the Allahabad High Court in March 2018, wherein vide Order dated 29.3.2018, the Hon'ble High Court disposed of the said Writ Petition by directing the Respondent Company to pay the salary of Sh. Ravi Anand to his wife and other miscellaneous expenses to his wife; the Petitioner herein. The High Court had refused to appoint her as the guardian for immoveable properties.

vii. After the Order of the Hon'ble High Court under the garb of Secti