Calcutta Cricket & Football Club Vs Karan Singh Grewal & Ors (NCLAT Delhi)
NCLAT Delhi held that order deserved to be set aside since it is unreasoned order and further reasonable and sufficient opportunity not granted as envisaged in Rule 37 of NCLT Rules, 2016 and hence the same is in violation of principles of natural justice.
Facts- The Appellant – Calcutta Cricket & Football Club was established in the year 1876. The Appellant has 1880 Members. The four Members of the Club including Respondent Nos.1, 2 and 3 to this Appeal, filed a Company Petition u/s. 97, 213, 241, 242 and 244 of the Companies Act, 2013 in October 2023. The Company Petition having not been filed by requisite number of Members, i.e. by 1/5thof total number of Members, an application was filed to waive the requirement as per Section 244 of the Act and the same was allowed by NCLT vide order dated 17.01.2024.
The Appellant issued as notice dated 07.09.2024 for conducting the election for the year 2024-25. In an Annual General Meeting, Election Officer and a team of Scrutinizers was appointed to conduct the election and 30.09.2024 was fixed for voting. Election was held on 30.09.2024, in which Respondent Nos.1 and 2 also participated. Election results were declared and Office bearers, elected in election dated 30.09.2024, took charge.
