Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.5327/IC(A)/2010
F. No.CIC/MA/A/2009/001050
Dated, the 22nd April, 2010
Name of the Appellant: Smt. Dayawati Sharma
Name of the Public Authority: O/o the Registrar of Companies
Facts
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1. Both the parties were heard on 17/2/2010 and 8/4/2010.
2. The appellant, a shareholder of M/s Brothers Builders Pvt. Ltd., (The
Company), has alleged irregularities in appointment of Sh. Amrit Pal Chawla, as
one of the Directors of the Company. In this context, she has asked for a copy of
Form-32 and related information submitted by the Company to the respondent.
3. The CPIO and the Appellate Authority have replied. But, they have not
been able to provide a copy of Form-32 on the grounds of unavailability of the
document. This matter has also been disputed before the Company Law Board,
which advised the respondent to obtain a copy of Form-32 from the Company.
4. During the hearings, the appellant alleged connivance between the
officials of the respondent and the Company about the alleged illegal
appointment of Sh. Amrit Pal Chawla, as a Director. The respondents are,
however, unable to produce the Form-32, on the ground that the records are
either untraceable or misplaced in shifting of their offices.
5. It also emerged during the hearing that in compliance with the orders
dated 22/4/2009 passed by the Company Law Board, the respondents have
written to the Company, as under, but there is no success in this regard:
“No.RTI/2009-10/Misc./6909 Date: 13/10/09
M/s Brothers Builders Private Limited
2638 & 2642 Gurdwara Road, Bank Streeti
“If you don’t ask, you don’t get.” – Mahatma Gandhi1
Karol Bagh, New Delhi – 110 005.
Sub: Filing of Form 32 in respect of Mr. Amrit Pal Chawla
Dear Sirs,
With reference to subject cited above, it is stated that the DIN-3 has been
filed with this office on 26-02-09 in respect of Mr. Amrit Pal Chawla. In
this connection your attention is invited to the Annual Return made as on
30-09-07 filed by the company on 24-11-07 in which Mr. Chawla has been
shown as director but in Annual Return made as on 30-09-08 filed by the
company on 13-12-08 the name of Mr. Chawla has not been shown as
director regarding appointment or cessation. As per record of this office
the appointment of Mr. Chawla has been shown since 01-09-05. It is
observed from the records of this office the company has not filed from
-32 either for appointment or cessation of Mr. Chawla.
In this regard you are requested to file form-32 as per the provisions of
section 303(2) of Companies Act, 1956 within 10 days hereof failing which
panel action will be initiated against the company and its directors.
Yours faithfully,
Sd/-
(ATMA SAH)
Asstt. Registrar of Companies,
NCT of Delhi & Haryana.”
Decision:
6. The appellant has asked for information relating to submission of Form-32
by M/s Brothers Builders Pvt. Ltd. regarding the appointment of Sh. Amrit Pal
Chawla, as a Director. An authentic document is not available with the
respondent, which give rise to suspicion about illegality in appointment of the
Director, in question. In pursuance of the decision of the Company Law Board,
the respondents have asked the company to submit the document, i.e., Form-32
on the basis of which the issue of alleged irregularity in appointment of Director
could be examined by the competent authority.
7. As per the direction of the Company Law Board, the respondent has
initiated the process of acquisition and verification of the relevant documents in
question. And, the Company Law Board is also seized of the issues raised by
the appellant. Since the matter is pending before the Board for adjudication in
the matter of legality of the appointment of Sh. Amrit Pal Chawla as a Director,
we see no justification as to why the appellant should not wait for the decision of
Company Law Board, which is the competent authority. The Board has not only
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full control over the required information held by the respondent but is also
competent to redress the appellant’s grievances.
8. The CPIO is directed to pursue the matter with the Company, as per its
communication dated 13-10-2009, and accordingly inform the appellant within
one month from the date of receipt of this decision.
9. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissionerii
Authenticated true copy:
(M.C. Sharma)
Deputy Registrar
Name & address of Parties:
1. Smt. Dayawati Sharma, H-336, New Rajinder Nagar, New Delhi – 110
060.
2. Shri. Atma Sah, CPIO, O/o the Registrar of Companies, 4th floor, IFCI
Tower, Nehru Place, New Delhi – 110 019.
3. Sh. Manmohan Juneja, Appellate Authority & Registrar of Companies, 4th
floor, IFCI Tower, Nehru Place, New Delhi – 110 019.
ii
“All men by nature desire to know.” – Aristotle
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