Shashank Kapoor
10 August 2013 at 22:11
Sub: The following Submission of relevant documents regarding removal of Directors of the Company Before ROC already has been done through Registered A/D.
Respected Sir,
With due regards I bring to your notice the following facts regarding my removal from Directorship of the Company :
 I, Harish Kapoor r/o MLK House, Hardoi Marg , Lucknow, 226003 Uttar Pradesh is Founder Director as well as a shareholder (having 97.00% shareholding) of Manohar Lal Kapoor & Sons Private Limited having registered office at my residence .
 The Company is under process to remove Mr. Saurabh Kapoor And Mrs. Hema Kapoor form the Directorship of the company after receiving a ‘Special Notice pursuant to section 284 of the Companies Act from a major shareholder of the company .
 For removing the aforesaid directors, the company called a Meeting of its Board of Directors ( 24thDecember,2012)and Extra Ordinary General Meeting (16th January ,2013)of its share holders and got the requisite resolution passed .
 After getting the resolution passed , I tried to file the Form 32 on-line using me DSC but could not succeed . After going through the MCA Portal ,I came to know that as I was not Director on date because Ihave been removed from Directorship by fraudulent means mentioned hereafter.
After that I came to know that an EGM was called on 12th January,2013 by Mrs Hema Kapoor , Director and Shareholder (with only less than 1%shareholding) of the Company. For EGM a ‘Short Notice was served on shareholders .The Calling of EGM is void ab-initio as in the eyes of law Mrs. Hema Kapoor being a shareholder having less than 1% shareholding ,has no right to call an EGM.
 After the EGM requisite form 32 for removing me and Mr. Shashank Kapoor, Director of the Company who is son of mine , was filed by Mr. Saurabh Kapoor , Director of the Company who is Son of Mrs Hema Kapoor by using his DSC.
 Here it is to inform you that the DSC was acquired by Mr. Saurabh Kapoor in the last week of the month of December ,2012 only for this purpose.
Mr. Saurabh Kapoor and Mrs Hema Kapoor were fully aware that the Company is under process for their removal of Directorship of the company as both of them were present in the Board Meeting held on 24th December, 2012 and they were given an opportunity for representation regarding their removal from the Directorship of the Company.
 From all the facts given above, it is clear that the all the acts done by Mr Saurabh Kapoor and Mrs. Hema Kapoor are illegal , wrong and void
ab-initio.
We have tried a lot to solve this family dispute. But now there is no other option to for legal action action against them.
Therefore, My question is should we file this matter in CLB (Company Law Board) or in High Court. By which means we can get faster justice??
With due respect please help us with the right direction.
Warm Regards,
Shashank Kapoor
Director
Manohar Lal Kapoor & Sons (P) Ltd.
CA Shraddha Vora
10 August 2013 at 15:30
As per the provisions of Indian Partnership Act, 1932, only a registered partnership firm can file a suit. However there is no mention about filing of case by a firm whose registration is in process.
A partnership firm is having its application for registration in process since 2 years. So can it file a suit against any person?
Riddhi
Shashank Kapoor
08 August 2013 at 23:45
Sub: Submission of relevant documents regarding removal of Directors of the Company.
Respected Sir,
With due regards I bring to your notice the following facts regarding my removal from Directorship of the Company :
 I, Harish Kapoor r/o MLK House, Hardoi Marg , Lucknow, 226003 Uttar Pradesh is Founder Director as well as a shareholder (having 97.00% shareholding) of Manohar Lal Kapoor & Sons Private Limited having registered office at my residence .
 The Company is under process to remove Mr. Saurabh Kapoor And Mrs. Hema Kapoor form the Directorship of the company after receiving a ‘Special Notice pursuant to section 284 of the Companies Act from a major shareholder of the company .
 For removing the aforesaid directors, the company called a Meeting of its Board of Directors ( 24thDecember,2012)and Extra Ordinary General Meeting (16th January ,2013)of its share holders and got the requisite resolution passed .
 After getting the resolution passed , I tried to file the Form 32 on-line using me DSC but could not succeed . After going through the MCA Portal ,I came to know that as I was not Director on date because Ihave been removed from Directorship by fraudulent means mentioned hereafter.
MD JAMAL MUSTAFA
08 August 2013 at 01:51
KINDLY PROVIDE ME CASE LAW WHETHER THE CC A/C HOLDERS BELONG TO SAME FAMILY TOOK THE LIMIT IN THE NAME OF THREE SEPARATE BUSINESS FIRST AND SECOND FOR BUSINESS BUT THIRD TOOK LOAN FOR HOUSE MAINTENANCE BUT THE BANK CLUBED THE THREE A/Cs INTO ONE A/C. AGAIST THE A/Cs HOLDERS POSSESSION NOTICE ALSO HAS BEEN ISSUED. WHAT COULD BE THE PROPER REMEDY? CAN THE BANK CLUB THE THREE A/Cs INTO ONE A/C? GUIDE ME
THANKS
vr
08 August 2013 at 00:43
I am doing business with reputed home appliances company. As per my order, I received goods in good condition. problem is here that I received Old M.R.P and company has billed new price (new M.R.P) then i call to branch manager and ask him (verbally) pls make credit note for price difference amount but he says it is not possible for me you avoid old M.R.P do sale this product as per company rules new price list accordingly.
how can, i have no authority from company
nor i have company striker price tag. how i will sale this products.
pls help me
RAJASEKAR
07 August 2013 at 22:51
i wish to renovate my house as a marriage hall(community hall) in township limit.
1. what are the permissions as required to run the community hall?
what are the difference between community hall and marriage hall?
which one is more advantages one in name shake?
whether i seek permission from Revenue/ police/ fire service/ EB?
what shall i do initially. kindly guide me.
Ajay
07 August 2013 at 20:26
sir can we challenge to any bank or nbfc if they resort to arbitration act for recovery instead of DRT act, arbitration act is old and drt act is new like same way civil act was vanish after drt act for recovery hence similar way arbitration act should not work after introduction of drt act
Ajay
07 August 2013 at 18:50
can a clause in agreement be inserted that in arbitration only acceptable language is english and no other language is valid,whether our constitution allow this?
Din Dayal
06 August 2013 at 21:18
Like an ordinary shareholder , a Director of a public company holding shares i.e Director-shareholder has the right to vote on the resolutions in Annual Meeting .But such director-shareholders normally do not participate in 'voting by show of hands' .Could there be a reason for this ? And are there any significant implications if any such director votes against any company resolution in 'voting by show of hands ' in the AGM ? Regards .
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I want to become a director of indian public company
plz suggest me what to do to becomme a director of any public company in india.
is there any requirement of sending notice to co.14 days before AGM of co.etc etc plz explain it??????
thanks
regard
arfeen