CASE STUDY ON ANILKUMAR PODDAR Vs. FUTURA COMMERCIAL PVT. LTD.
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Meetesh Shiroya
Feb 22, 2017, 2:08:29 AM2/22/17
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Dear Professional,
DETAIL CASE STUDY OF ANILKUMAR PODDAR
Vs.
FUTURA COMMERCIAL PVT. LTD.
NATIONAL COMPANY LAW TRIBUNAL, MUMBAI
Petitioner who does not have any kind of interest in the
company is not entitled to seek inspection of the records falling in
ambit of section 163. More so, when petitioner is a rank outsider, and
the company is a private limited company closely held by limited members.
The words ‘any other person’ mentioned in section 163 cannot be
construed to mean that any person can seek inspection and supply of
copies of the records falling in the ambit of section 163. A person can
be called aggrieved only when such person’s interest is affected by the
affairs of the company.
Companies Act, 1956 – Section 163 – Inspection and supply of copies of
records – Petition by rank outsider having no interest in the company –
No case by petitioner that the companies have played fraud against him –
Are companies under any obligation to provide inspection or copies
thereof under sub–section (6) of section 163 – Whether on any stretch of
imagination, it cannot be said that the petitioner who has not any kind
of interest in the company is entitled to seek inspection of the
records falling in ambit of section 163.
Held, yes, and hence all
petitions are
liable to be dismissed.
The National Company Law Tribunal has
dismissed a number of petitioner
under section 163 by a common order.
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