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IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH -I

KOLKATA

COMPANY PETITION NO. 179 of 2022

An application under section 97(1) of the Companies Act, 2013 read with Rule 74 of

the National Company Law Tribunal Rules, 2016;

-And-

In the matter of:

NIMESH TANDON, being shareholder of Milestone Solutions Private Limited

(holding 45000shares) residing at 9A, Ganga Narayan Dutta Lane, Beadon Street,

Kolkata-700006

…Petitioner

Versus

Milestone Solutions Private Limited [CIN: U51397WB2002PTC095171], a

company incorporated under the Companies Act, 1956 and having its Registered

Office at 9A,Ganga Narayan Dutta Lane, Kolkata- 700006

…Respondent

Date of Hearing: 26.07.2022

Date of pronouncement of the Order: 29.07.2022

Coram:

Shri Rohit Kapoor : Member (Judicial)

Shri Balraj Joshi : Member (Technical)

Appearances through Video Conference:

For the Petitioner:

1. Ms. Sneha Khaitan, Practising Company Secretary

2. Ms.Urvi Sanghvi, Practising Company Secretary

For the Respondent:

1. Ms. Tanvee, PCS

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

Nimesh Tandon v Milestone Solutions Private Limited

Company Petition No. 179 of 2022

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ORDER

Per: Rohit Kapoor, Member (Judicial)

1.

The court convened via hybrid mode.

2.

The present Company Petition has been filed by member/ shareholder Mr.

Nimesh Tandon son of Krishna Chand Tandon holding 45000 shares,

representing 47.37% of the total issued, subscribed and paid- up share capital

of the Respondent Company.

3.

The Respondent Company, Milestone Solutions Private Limited was

incorporated on 17 September, 2002 under the Companies Act 1956. There

are three equity shareholders as on 31 March 2020.

4.

The last Annual General Meeting of the Respondent Company was held on

31 December 2020 for the financial year ended on 31 March 2020.

5.

The Petitioner approached the Respondent Company for holding the Annual

General Meeting for the financial year ended 31 March 2021, the Respondent

Company replied that the Financial statements of the company could not be

made ready due to covid situation which has resulted in delay in

accumulation of data and the non-readiness of the financial statement is also

due to the medical issues of the person managing and looking after the

accounts of the respondent company.

6.

The Petitioner states that as the Respondent Company herein could not get its

account audited on time therefore the Annual General Meeting could not be

held within stipulated time period for the financial year ending on 31 March

2021 as required under section 96 of the Companies Act, 2013

Orders

7.

We have heard the learned Authorised Representative appearing for the

Petitioner and the Respondent.

8.

We, hereby, give the following directions in the exercise of the powers

conferred on this tribunal under section 97 of the Companies Act, 2013:

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

Nimesh Tandon v Milestone Solutions Private Limited

Company Petition No. 179 of 2022

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(a)

The Company shall call, convene and hold a physical meeting of its

members on or before 15 September, 2022 for the financial year

ending on 31 March, 2021.

(b)

Notice shall be issued to all the shareholders in accordance with

section 101 of the Companies Act, 2013.

(c)

Such a meeting shall be deemed to be an AGM of the Company

and shall be held in compliance to regulations and laws as

applicable;

(d)

The Respondent Company is being granted the liberty to approach

this Tribunal in case there is any difficulty in holding the Annual

General Meeting as directed aforesaid.

(e)

The Annual General Meeting could not be held due to the

pandemic, hence no adverse order shall be passed against the

personnel of the Company.

(f)

Covid-19 protocols and precautions in terms of directions issued by

the Government and other public authorities shall be strictly

ad