Reg. removal of directors of the company.
Shashank Kapoor
(Querist) 10 August 2013
This query is : Resolved
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.
prabhakar singh
(Expert) 10 August 2013
'A COMMERCIAL QUERY'The motive of any business is to earn profit then it should learn to bear the COSTS also.
OKAYYYYYYYYYYY!
I do not wish to reply WITHOUT FEES such queries.
Shashank Kapoor
(Querist) 10 August 2013
Thanks!! For your commercial query sir..
Shashank Kapoor
(Querist) 10 August 2013
Dear Mr Prabhakar Ji,
Thanks!! For your COMMERCIAL REPLY..
prabhakar singh
(Expert) 10 August 2013
Ab tau parda hatauo aur chehra dikhao.?
prabhakar singh
(Expert) 10 August 2013
Sharma rahe ho kya?
paste your photograph and have my reply!dear
Shashank Kapoor ?
prabhakar singh
(Expert) 10 August 2013
jagte raho!mere bharose na raho!ek majak hai
rajoo srivastva ka ?
prabhakar singh
(Expert) 10 August 2013
mere kundalee mai ek shatru bridhi youg hai
ehi vajah hai ki mere akaran k dushman bante rahte hain magar ek dusra yog bhi hai meri kundalee mai shatru hanta yog jo shatruon ko khatm karke hee dam leta hai isi karan ab tak jindaa hoon.
R.K Nanda 
(Expert) 10 August 2013
consult ur LA.
prabhakar singh
(Expert) 10 August 2013
What now?
aaye thai haste khelte.........ayi firaq!
jab.................tauo sanjida hogaye!!
Guest
(Expert) 11 August 2013
A real life serious joke that a Director with less than 1% shareholding has acted smartly to remove a Director with 97% holding from the Board!
Anyway, please don't mind, you need to consult some compaqny law expert for detailed examination and analysis of your case for solution to the problem, as any casual approach through this forum may not help you.
Kuummaar AS
(Expert) 11 August 2013
Certain things are not understood in the above query. For example,it is stated that Harish Kapoor is holder of 97% of share capital. On the other hand, it is said that for EGM a ‘Short Notice was served on shareholders. It is not clear whether it was served on Harish Kapoor, who holds 97% paid up capital. Further,for holding EGM at a shorter notice, consent of members holding not less than 95% of paid up share capital is required. As such, without the consent of Harish Kapoor, the EGM of 12.1.2013 cannot be held and if held is not valid and the decisions taken thereat have no force.
Further advice can be given when complete facts and exact relationships between shareholders are provided.
Raj Kumar Makkad
(Expert) 15 August 2013
Apne yog ki siksha log yahan aise de rhe hain ki baba ramdev ki chutti hone wali hai jaise.
Raj Kumar Makkad
(Expert) 15 August 2013
pehle khush rho ka ashirwad aur fir uski jdain ukhadne ka kaam..wah kya kmaal hai saab.
Raj Kumar Makkad
(Expert) 15 August 2013
hathyog wale baba ji lagta hai so gye hain........
Raj Kumar Makkad
(Expert) 15 August 2013
Ab thoda querist ke liye bhi slah ki vo kisi achhe company expert se milkar vyaktigat vartalap krain.
Raj Kumar Makkad
(Expert) 15 August 2013
Yahan ke experts to baba ji ke hisab se chalte hain.
