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Showing contexts for: pacl ltd in Kamaljit Kaur vs State Of Punjab on 21 February, 2024Matching Fragments
Raminder Singh- Dhillon(DIN 08447082), (iv) Sukhdev Singh son of Raghbir Singh (DIN 00498732), all directors of PACL Limited, (v) Smt.Kamaljit Kaur W/o Sh Sukhdev Singh and (vi) Jaswinder Singh Dang (M. No. 095526) Chartered Accountant and their associates for forging, fudging and fabricating the Resolutions, Minutes of Extraordinary General Body Meeting allegedly held on 01.01.2022 and consequently, forging and filing FORM-DIR-12 and the Resolutions under the Digital Signature of disqualified director Sukhdev Singh by forging his signature on FORM DIR-12 in respect of Company PACL Limited. Company PACL Limited having CIN U70101RJ1996PLC011577 having its registered office at; 22,3rd Floor, Amber Tower, Sansar Chandra Road, Jaipur, Rajasthan. Note: The Directors of PACL Limited Including Mr. Sukhdev Singh (DIN No.00498732) were disqualified under Section 164 (2) (a) of the Companies Act 2013 by the ROC Jaipur and as per the list published on 25.11.2019, the name of Mr. Sukhdev Singh (DIN 498732) is appearing at serial No. 728 in the list of disqualified Directors. (List attached with). Sir, the undersigned is the authorized Director of Great Himalayan Estate Pvt. Ltd., one of the active shareholders having 2.71% shareholding in the Company named PACL Limited (hereinafter referred to as PACL and/or the Company) and by way of the present complaint. I wish to bring to your notice, a serious fraud and forgery committed in public of ROC Jaipur and the stakeholders of PACL and for that matter against public at large, brief facts thereof, are as under: 1. That 1 have come to know that the abovementioned people namely (i) Dharmendra Singh Sandhu (DIN No. 09454271) (ii) Sandeep Singh Mahal (DIN 09164888), (iii) Hirday Pal Singh Dhillon (DIN 00447082), (iv) Sukhdev Singh (DIN 00498732) are representing themselves as the directors of PACL. 2. That the abovementioned people in collusion with each other and in conspiracy with the former auditor/company secretary of the 2 of 13 Neutral Citation No:=2024:PHHC:024358 2024:PHHC:024358 CRM-M-63664-2023 (O & M) ::3::
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221Singh. All of them are also liable to be prosecuted under section 107 of the companies act. 11. That Great Himalayan Estate Pvt.
Ltd., is an act ve shareholder in the company with 2.71% Shares in PACL Ltd, and is eligible to vote in the annual general body meeting/extraordinary general body meeting of the company thus is entitled to be served the notice of the annual general body meeting and/or the extraordinary general meeting of the company as the case may be. No such 'Notice was served upon the applicant thus the alleged extraordinary meeting allegedly dated 01.01.2022 is null and void if any such meeting was ever held though a matter of fact no such meeting was requisitioned, convened or held on 01.01.2022. 12. It is also not out of place to highlight that the conspirator and the main accused behind the conspiracy who has hatched and perpetuated the illegal appointment, Le. Mr. Sukhdev Singh was disqualified to act as director under Section 164 of the Companies Act, 2013 by ROC Jaipur on 25.11.2019 for a period of 5 years or more which is at Sr. no. 728 on account of default occurred in PACL Limited which is still subsisting and despite the said disqualification and the continuing default, the illegal appointments were made from the DSC of Mr. Sukhdev Singh who is behind bar from January 2016 and is under judicial custody. Thus, the declaration given by Mr. Sukhdev Singh while digitally signing the said form DIR-12 was wrong and incorrect and per illegal w.r.t to the requirement of Companies Act, 2013 and the compliance of rules made thereunder. It is necessary to print out that a person disqualified to act as director authenticated and signed the form DIR-12 illegally appointing directors in a company which is under serious litigation is a great prejudice to all the stakeholders of the Company including the present complainant. 13. It must also be brought on the record that the so called shareholder who requisitioned the EGM mandated by les then 10% active shareholders under Section 100(2)(a) of the Companies Act, 2013 and as such the purported EGM is invalid 5 of 13 Neutral Citation No:=2024:PHHC:024358 2024:PHHC:024358 CRM-M-63664-2023 (O & M) ::6::
and non-est in the sys of law. It is stated that the said bogus meeting has been convened and results have been called upon basis of the non active struck off companies) shareholders which are corporate entities and not entitled to do any business or transaction since the directors are suspended on account of striking off the companies. 14. That it is further stated that the so called EGM has been sought to be convened at the registered office of the Company (PACL Limited), however, no such meeting ever happened and is only a paper meeting which is bogus and in clear derogation of the provisions of the Companies Act, 2013 and the rules made there under. Therefore, in these circumstances, it is highly important that a criminal conspiracy involving stakes of public at large must be handled in strict adherence of the prevailing laws and the wrong doers must be prosecuted. The legal acts of the appointments are thus liable to be struck down and the form DIR- 12 needs to be cancelled and requires renunciation of the said form DIR-12. 15. That the abovementioned people in connivance with each other and in connivance with their associates have committed fraud in relation to the affairs of the Company PACL Limited by acting in concert with each other, by concealing material facts and by creating and fabricating documents i.e. minutes of the extraordinary general meeting, form 12 and submitting the same, knowingly with the office of ROC, Jaipur with ulterior purposes to cause wrongful and legal gains to themselves and their associates and wrongful loss to the shareholders of the company, general public and crores of the investors of the company and jeopardizing the Interest of the company and its shareholders, investors by intentionally and fraudulently claiming the director ship of the company on the basis of forged and ex facia illegal documents and by intentionally filing false documents with the ROC have contravened provisions of the Companies Act punishable under section 167, 447 and 448 of the Companies Act, within
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221the afore stated people appointed illegally whose name has been written in the complaint mentioned on the top will be alienating the asset/properties of the Company against the provisions of Section 180 of the Companies Act, 2013, thus, their illicit appointment be cancelled immediately and the persons illegally appointed be declared as disqualified in terms of Section 164 of the Companies Act, 2013 since the so called appointment has been illegally made and blatantly against the provisions of Companies Act, 2013, 24. With the hope that yourself will act fast and will Initiate appropriate action against the aforementioned people and their associates for the violations of the provisions of the Companies Act, 2013 and to safeguard the rights and interests of the majority of shareholder of the company besides the crores of investors /customers of the company who are eagerly awaiting refund of their monies invested in the schemes of the company. Thanking you, (VIRENDER SETHI) Mobile No.9650029407 Director of Great Himalayan Estate Pvt. Ltd., having its registered office at 83-A, F/F, Shivaji Enclave, Delhi-110027 [email protected]., shareholder of PACL Ltd.".