WHETHER A
NON-SHAREHOLDER OF A COMPANY HAS THE RIGHT TO INSPECT THE DOCUMENTS OR ATTEND
AGM OF THE COMPANY UNDER SECTION 163 OF COMPANIES ACT- NO SAYS NCLT, MUMBAI
BENCH.
Mr. Anil Kumar Poddar versus M/s. Reliance Corporate IT Park Ltd.
and Others
Right to receive the copies of
Company documents - Right to inspection of the documents – the Meaning of Qualified
person u/s. 163
Mr. Anil Kumar Poddar versus M/s. Reliance Corporate IT Park Ltd.
and Others
Right to receive the copies of
Company documents - Right to inspection of the documents – the Meaning of Qualified
person u/s. 163
Held that:- This Petitioner has no
shareholding in the company, therefore, he will not get any occasion to attend
Annual General Meetings of the company or any of the meeting of the company to
question the acts of the company.
Hence, this Bench does not see any rationale
in granting such a relief to a stranger to the company because by giving a conjoint meaning of
the person mentioned in sub-section 2 of Section 163 - member or debenture
holder and of any other persons, this Petitioner will not fall under any of the
above three classes of persons, therefore, this Petitioner is not entitled to seek this relief u/s. 163.
This Bench having
noticed that this Petitioner is in the habit of raising frivolous litigation
again many of the listed companies either by subscribing one or two shares or
under the head of "any other person" u/s. 163 by asking inspection of
the documents from the date of inception of the companies.
Knowing fully well,
that it will not be possible to provide inspection of the documents from the
date of inception, when the company failed to provide inspection or supply of
copies, he files Petitions
u/s. 163 or sec. 219 of the Companies Act, 1956. If any company says
copies are provided as sought by the Petitioner, he will start arguing for exemplary costs for not
providing inspection in the period mentioned in the statute.
Since this Bench has
noticed that he is not a qualified person u/s. 163 to seek inspection, this Bench hereby dismisses all these
62 Petitions by imposing cost of ₹ 1000/- each in every TCP.
