You should forward a complaint to SFIO (Serious Fraud Investigation Office) which is a corporate fraud investigating agency in India to take actions against the illlegal acts of investors with the evidences you have against them.

Criminal complaint under section 406 /420 /468 of Indian Penal Code for criminal breach of trust fraud and forgery can also be lodged against them.

You can also Institute private complaint under 200 CRPC to Magistrate to order investigation the aforesaid matter.

A complaint to Economic Offences Wing can be given too as your shares cannot be taken without your consent, citing disciplinary action.

You can file Police complaint against management of fabrication of documents , cheating if accounts have been fudged

2) you can file application in company tribunal to direct investigations of accounts and submit report

3) Application can be made under section 241 of companies act 2013 if affairs of company are being conducted in manner prejudicial to interests of company

1. no the same could not have been done.

2. You may file a case before the NCLT.

Get in touch with an advocate who is an expert in company law with all the documents and file a petition.

Regard s

Hi

1) It appears that it is a case of Oppression and Mismanagement coming under section 241 of companies Act.

your remedy lies in approaching the National COmpany Law tribunal.

2) Filing of caveat in NCLT does not make any sense given that NCLT proceedings are always in presence of both parties and interim injunctions per se are not granted in company matters.

3) The NCLT having jurisidiction over the registered office of the company will try your claim under section 241 of companies act.

4) To answer your questions-

a) The extent of shareholding of an individual(19.8% to 8.5%) cannot be diluted without Extra ordinary general body meeting held by the company and any such arbitrary reduction is vulnerable for court (NCLT) review

Also only NCLT has jurisdiction to try company law related matters. Your letters to ROC might be of some help in your case.

Hope this information is useful.

A complaint with the Economics Offences wing, Police may be lodged for the misappropriation of funds or embezzlement charges etc, this is besides the actions that are proposed to be taken through other provisions of law in this regard.

Registrars of Companies (ROC) appointed under Section 396 of the Companies Act 2013 (whiz 609 of the Companies Act, 1956) which covers various States and Union Territories that are conferred with the primary duty of registering LLPs and companies established in the respective states and the Union Territories and to ensure that such companies and LLPs comply with statutory requirements under the provision of the Act.

Any aggrieved person against a company or an investor can file a complaint with the Registrar of the Company or the Ministry of Corporate Affairs.

If a person is aggrieved by a fraud committed by a company, then such person can report the complaint with Service Fraud Investigation Office. “The Government in the backdrop of major failure of non-banking financial institutions, phenomenon of vanishing companies, plantation companies and the recent stock market scam had decided to set up Serious Fraud Investigation Office (SFIO), a multi-disciplinary organization to investigate corporate frauds. The Organization has been established and it has started functioning since 1st October, 2003

here are no specific legislations or Act governing the functioning and jurisdiction of SFIO. Thus, Companies Act 1956 guide its operation. Investigations used to be carried out under section 235 and 237 of the Companies Act,1956. Under these provisions, the Central Government (under section 235) or the Tribunal/Company Law Board/Court (under section 237) could order investigation of any company or group of Companies by the SFIO. But after the enactment of Companies Act, 2013, SFIO has been guided by this Act, and it follows the scope and statutory status of this Act.

you may take the assistance of a skilled lawyer who practices in this filed for further advises and guidances.