Application in the nclt

I am from Vadodara, Gujarat. We have a case going on in the NCLT Ahm against our Respondents under sec 397/398.My Dad is the first Director of the company and the Respondent CMD is also a co promoter of the company.The case was filed by us in Oct 2013 then CLB Mum.In 2015 I was given a Director appointment Letter which was signed both by the CMD and my dad as well .This CMD deliberately did not give effect to my appointment as a Director by not calling the Board of Directors meeting to pass resolution for the same and also not submitting DIR12 form along with a copy of board of directors resolution copy in the ROC to register my name as a Director. We want to submit an application for it against the respondent CMD but we are not sure under what section to submit it in the NCLT. We don't trust the knowledge of our legal rep in the NCLT. He first discouraged us to submit such an application stating the reasons that I am neither a member nor a shareholder of the company to file an application against the CMD and if filed then it stands all the chance of not being admitted in the NCLT under section 241/242.He said I can file a seperate case or application against him under some legal jargon Loci Standi and not with the ongoing one . Then I questioned him as to why my dad can't submit an application on my behalf as the applicant then he said ok then he would submit it but if the application gets cancelled then he should not be blamed for it. Pls guide us properly on this viz. under what section to file an application against the Respondent CMD for not giving effect to my appointment as a director, secondly we also want to know as to how to know whether or not the respondent CMD declared his black money to convert it into white money under the govt scheme of black money declaration. As this could help us a lot in our case against him under 397/398.Appreciate your help in this. Thanks. FYI-We are a pvt ltd company of 5 directors in all, two from our camp and three from their camp, In our camp my dad is ex chairman ,now only the first director with 48% share holding. My elder brother is also a director and is a joint shareholder to my dad's. From the Respondents camp, the CMD has 24% share holding , his wife is a director and is a joint share holder , his brother is a director with 7% share holding , his son is just an ordinary employee with 21% share holding. Appreciate reply to my query- Thanks