1. The NCLAT Delhi In Anil Agrawal v. Omega as per the attached Order Delivered on: 11.04.2023
The company was formed as a joint venture (JV) between Omega Engineering Holding BV (Omega Group) and an Indian partnership firm called Friends Refrigeration and Associates (FRA). Clause 8 of the JVA, it was the Petitioner who was to remain as Managing Director of the JVC. Removed from the position of MD by a resolution. Held that removal of the Petitioner as Managing Director of the Respondent No. 1 Company cannot be interfered with in the present proceedings. In view of the rival complaints against each other by the Petitioner and the Respondents, which is having adversarial impact on management and business Mrs. Rashmi Chopra is appointed as Mediator to resolve the squabble/dispute/controversy between the Petitioner and the Respondents. The Section 442 of the Companies Act, 2013, read with the Companies (Mediation and Conciliation) Rules, 2016, provides for referral of disputes to mediation by the National Company Law Tribunal and Appellate Tribunal.
2. NCLT Hyderabad in Shrikant Gopilal Rathi and Ors. Vs. Nagarjuna Agro Chemicals Pvt. Ltd. and Ors. 2024
- Respondent No. 2 was surreptitiously appointed as Managing Director of Respondent No. 1 and Petitioner No. 1 was illegally removed from the Board of the Company in Board meeting dated 20.07.2018, wherein notice of the said meetings was not served on Petitioner No. 1.
Sishu Ranjan Dutta v. Bhola Nath Paper House Ltd., MANU/WB/0097/1980, para 16. – “16. Regarding the question of deadlock it is admitted that the two groups who hold equal shares in the company are not in a position to carry on the business he court has ample power under Sections 397-398 of the Companies Act, for intervention and to pass a suitable order for putting an end to the matter complained of so that the business of the respondent-company may be carried on smoothly and the only way in this case appears to me to divide the assets of the respondent-company equitably between the two groups after payment of all the liabilities of the company and for that purpose a Special Officer should be appointed to administer the company and discharge the functions of a board, as there is no valid board of the respondent-company, who will run the said business
