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Mallikarjunaiah Hire Matta v/s Logipro Software Private Limited, Bengaluru & Others


Company & Directors' Information:- R S SOFTWARE (INDIA) LTD. [Active] CIN = L72200WB1987PLC043375

Company & Directors' Information:- C K SOFTWARE PRIVATE LIMITED [Active] CIN = U72501DL2000PTC106184

Company & Directors' Information:- K K SOFTWARE PRIVATE LIMITED [Active] CIN = U72900DL2009PTC193030

Company & Directors' Information:- A K C SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128462

Company & Directors' Information:- P AND P SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057212

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1995PTC025791

Company & Directors' Information:- N. D. SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG1998PTC029778

Company & Directors' Information:- T AND H SOFTWARE PRIVATE LIMITED [Active] CIN = U72200UP2000PTC025638

Company & Directors' Information:- M S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133997

Company & Directors' Information:- G A S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC127546

Company & Directors' Information:- B B SOFTWARE LTD [Strike Off] CIN = L30009WB1995PLC072361

Company & Directors' Information:- H K SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200WB2001PTC093967

Company & Directors' Information:- LOGIPRO SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2000PTC027121

Company & Directors' Information:- J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TZ2000PTC009229

Company & Directors' Information:- K S M SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128463

Company & Directors' Information:- R B SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC140322

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200RJ1995PTC010577

Company & Directors' Information:- R J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133815

Company & Directors' Information:- H J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG2007PTC056351

Company & Directors' Information:- I & I SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TN2005PTC056262

Company & Directors' Information:- D F SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TZ2003PTC010629

Company & Directors' Information:- E. C. SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72900TN2007PTC063486

Company & Directors' Information:- Q 3 INDIA SOFTWARE PRIVATE LIMITED [Active] CIN = U72900TN2007PTC065786

Company & Directors' Information:- K Y SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136072

Company & Directors' Information:- T M I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2005PTC036299

Company & Directors' Information:- B C L SOFTWARE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U30007MH1999PTC117922

Company & Directors' Information:- C C M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034002

Company & Directors' Information:- M I S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TN2008PTC068694

Company & Directors' Information:- A. T. SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG1996PTC023841

Company & Directors' Information:- J A K SOFTWARE PVT LTD [Active] CIN = U72200DL2001PTC111929

Company & Directors' Information:- R R SOFTWARE PVT LTD [Under Process of Striking Off] CIN = U72200KL1991PTC006051

Company & Directors' Information:- A M H SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC132410

Company & Directors' Information:- P D A SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2003PTC123465

Company & Directors' Information:- K C SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036923

Company & Directors' Information:- I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72300MH2012PTC225903

Company & Directors' Information:- V M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC136847

Company & Directors' Information:- H M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200HP2011PTC031756

Company & Directors' Information:- S N R SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2012PTC243073

Company & Directors' Information:- K A V SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC144121

Company & Directors' Information:- C M S SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142352

Company & Directors' Information:- S M I T SOFTWARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL2006PTC144816

Company & Directors' Information:- A D SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2002PTC030722

Company & Directors' Information:- H. A. N. R. E. J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2008PTC062044

    Company Appeal No. 16 of 2014

    Decided On, 01 June 2015

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR & THE HONOURABLE MR. JUSTICE ARAVIND KUMAR

    For the Appellant: Deepak, Advocate. For the Respondents: ---------



Judgment Text

1. Petition came to be filed before the Company Law Board under the provisions of Section 397, 98, 402 and 406 of the Companies Act, 1956 with the main allegation that respondents 3 and 4 being the Directors of the company have indulged in the acts of oppression and mismanagement in the affairs of the company. Respondents 2 is stated to be the husband of respondent 3. The allegation against him is that he is unnecessarily interfering with the affairs of the company at the behest of respondent 3.

2. Though the respondents were served with the notices before the Company Law Board, they remained absent. However, the Company Law Board on hearing the appellant herein through his Counsel, dismissed Company Petition No. 43 of 2014 with a specific finding that it does not see any acts of oppression and mismanagement in the affairs of the company. However, the Company Law Board has proceeded to issue certain directions in the interest of the company and its Directors. The appellant herein is aggrieved by the said order.

3. On reconsideration of the entire material on record, we do not find any ground to interfere with the impugned order. The allegations made by the appellant before Company Law Board are vague, bald and criptic. No specific acts of oppression and mismanagement of the affairs of the company are pleaded in the petition filed before the Company Law Board. However, it seems that the appellant has issued a notice to the respondents stating certain acts of the oppression, but they are not substantiated before the authority concerned. The Company Law Board on facts and on going through the material on record having been satisfied about the conduct of the business by the Directors particularly respondents 3 and 4, did not agree with the contentions of the appellant. However, as aforementioned, the Company Law Board has proceeded to issue the following directions in the interest of the company.

(i) The company need to comply with the statutory requirement of law with regard to conduct of its meetings and statutory filings.

(ii) The respondents are directed to issue notices to all the shareholders for the general meetings and notices to all the Directors well in advance in compliance of the articles of Association.

(iii) The company shall ensure the presence of all the Directors and the shareholders for the meetings which they are entitled to participate.

(iv) The respondents shall not take any major decisions in absence of any Director in the board meetings.

(v) If any Director for any reason unable to present for the Board meeting and applies for leave of ab

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sence, the Board shall consider the grant of leave. In our considered opinion, the aforementioned directions would be sufficient under the facts and circumstances of the case. Hence, no interference is called for. Accordingly, appeal fails and the same stands dismissed.
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