Apex Luminaires Pvt. Ltd Vs G. N. Thirumalesh (NCLAT Chennai)
NCLAT Chennai amendment application in company law matter not allowable since the order doesn’t record any reasoning. Accordingly, order stand quashed and question of maintainability is remitted back to be considered afresh.
Facts- In this appeal, the Respondent/Petitioner had filed a company petition before Tribunal on 19.09.2022, seeking, inter alia, a declaration that the Board Resolution dated 31.12.2021 be declared null and void, and for a further direction to conduct an enquiry through a forensic audit into the affairs of the 1st Respondent Company in relation to the salary drawn by the parties, purchases, and inventories of the 1st Respondent. He has also sought the appointment of an independent valuer to carry out a fair valuation of the 1st Respondent Company.
While this company appeal was pending consideration after the exchange of objections, the Respondent is said to have filed an amendment application on 14.04.2023. In the said amendment application, the Appellant contended that, claiming himself to be one of the directors of the Respondent company, he holds 24,99,000 equity shares constituting 50% of the total equity shareholding. As on the date of filing the company petition, it is contended by the Petitioner that, being a subscriber to the memorandum, he holds the aforesaid equity shares of ₹10 each in the capital of the Respondent company, which represents 50% of the total equity shareholding.
