CL : Where applicant demanded copy of annual accounts of company but cheque of requisite fee could not be encashed due to overwriting, application filed by applicant under section 219 was to be dsimissed
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[2014] 48 taxmann.com 334 (CLB - Mumbai)
COMPANY LAW BOARD, MUMBAI BENCH
Anil Kumar Poddar
v.
Alka India Ltd.
ASHOK KUMAR TRIPATHI, JUDICIAL MEMBER
CO. PETITION NO. 79 OF 2013
JANUARY 28, 2014
Section 136 of the Companies Act, 2013/ Section 219 of the Companies Act, 1956 - Accounts - Right of member to copies of balance sheet and auditor's report - Applicant shareholder had sent a cheque to respondent company and requested for copies of memorandum and articles of association and last five years annual report - On failure to receive such documents, applicant filed application under section 219 against company - Company in its reply stated that requisite fees through cheque had overwriting and, hence, cheque could not be encashed and being a listed company annual accounts of company were available on BSE website - Whether applicant was in habit of making such frivolous application and had filed instant application with an oblique motive - Held, yes - Whether applicant failed to give any specific reason as to why he submitted requisite fees through cheque which could not be encashed by company due to overwriting and, therefore, application being devoid
■■■
[2014] 48 taxmann.com 334 (CLB - Mumbai)
COMPANY LAW BOARD, MUMBAI BENCH
Anil Kumar Poddar
v.
Alka India Ltd.
ASHOK KUMAR TRIPATHI, JUDICIAL MEMBER
CO. PETITION NO. 79 OF 2013
JANUARY 28, 2014
Section 136 of the Companies Act, 2013/ Section 219 of the Companies Act, 1956 - Accounts - Right of member to copies of balance sheet and auditor's report - Applicant shareholder had sent a cheque to respondent company and requested for copies of memorandum and articles of association and last five years annual report - On failure to receive such documents, applicant filed application under section 219 against company - Company in its reply stated that requisite fees through cheque had overwriting and, hence, cheque could not be encashed and being a listed company annual accounts of company were available on BSE website - Whether applicant was in habit of making such frivolous application and had filed instant application with an oblique motive - Held, yes - Whether applicant failed to give any specific reason as to why he submitted requisite fees through cheque which could not be encashed by company due to overwriting and, therefore, application being devoid
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