Millennium Post

DGC calls MCA handiwork a ‘lazy cut & paste’ job in final submission­s to NCLT

- OUR CORRESPOND­ENT

NEW DELHI: As the National Company Law Tribunal reserved its order in the matter over the management dispute of the Delhi Gymkhana Club, one of the country's oldest clubs, in its final submission to the NCLT, has said that the petition from the Ministry of Corporate Affairs to overhaul the club's management was motivated by complaints from a host of disgruntle­d members, one of whom is a high-ranking official in the MCA.

In addition, the Delhi Gymkhana Club, through advocate Gaurav Liberhan, submitted that the Regional Director's recommenda­tion for the Centre to intervene in the club's management through a petition showed "no applicatio­n of mind" and that it was a "lazy cut and paste" job.

In support of this statement, the DGC noted that the Regional Director's recommenda­tions were made after examining the inspection report of the MCA, which was prepared only on March 3. The club contends that it would be impossible for anyone to read the 4,000-page-long inspection report (inclusive of annexures) and make recommenda­tions within 24 hours, much less examine it in detail.

The Centre, through an urgent petition moved by MCA, had alleged "fraudulent and rampant mismanagem­ent" by the general committee of the club, besides others, and sought to take over the management control under section 241 and 242 of the Companies Act, 2003.

The club said many disgruntle­d members', including Krishna Varma and others, complained against it after having lost the election. Responding to the complaint of Navrang Saini, a former high-ranking member in the MCA, the club said it is facing the heat from

MCA, after it denied him membership.

The written submission­s argued that the MCA merely repeated the word "fraud" several times in its petition, yet it failed to establish fraud.

The club insisted that the MCA failed to establish what is the public interest involved and how the affairs of the company are being run prejudicia­l to public interest. It argued that it is a company by the members and for the members. An outsider to the company even otherwise had neither any locus nor any right to interfere in the internal management of the company.

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