Director Sanjay Bhardwaj and advocate Gautam Dutta, DDCA's Standing Counsel and Legal Retainer whose services were terminated at Sunday's meeting, had claimed on Monday that the meeting was illegal and that "it was a 'show' organised through remote control".
"How can they say that the Central government nominee Directors have not got their DIN and that Sunday's meeting was illegal? They all have DIN. The DIN of Maninder Singh is 07170182, Rajni Abbi is 08867489, and of Sunil Kumar Yadav is 07238172," Manchanda, who was "suspended" by former DDCA Ombudsman Deepak Verma in a 2019 DDCA AGM-related issue, told IANS, implying that the meeting was legal.
DIN is a unique identification number allotted to an individual who is appointed as a director of a company. DDCA is a company established under Section 25 of the Companies Act, 1913, but now governed by Section 8 of Companies Act, 2013.
Bhardwaj had questioned the legality of the meeting while claiming that the three newly appointed government nominees had not got their DIN numbers. In addition to that, Dutta said it was attended by four Directors who had already retired by rotation through a draw of lots, carried out by the then Ombudsman.
The issue of Sunday's Apex Council meeting was also raised in a DDCA case in the Delhi High Court on Tuesday, involving DDCA and its Director Sudhir Kumar Agaarwal. While appearing for the DDCA, senior advocate Kapil Sibal mentioned about the meeting, the court told him to file his objection separately, as he would hear only case number FAO 92/2020 (DDCA versus Sudhir Kumar Agaarwal), as directed by the Supreme Court.
Dutta has also charged Manchanda for being among those involved in an Rs.6 crore-plus contract controversially given to MSL Jangid JV for refurbishing restaurant, bar, and members' lounge etc at the Ferozeshah Kotla stadium. When some DDCA officials protested and visited the given office address of the firm they reportedly did not find it there.
"I have already divulged damning details regarding the massive financial fraud being committed by the tainted directors, including the joint secretary, along with three directors facing forensic audit for their indulgence in Rs.6.50 crore restaurant-bar tender scam in DDCA," Dutta has said in a written response to IANS, when asked about the Apex Council's charge of unauthorised expenditure mentioned in the minutes of Sunday's meeting.
Manchanda said that he was ready for an inquiry into the controversial contract. "I don't want to say much on the issue, except that if I have indulged in any malpractice, they should have the issue investigated thoroughly to find the truth. I will make myself available at a 24-hour notice for any such inquiry," Manchanda told IANS on Tuesday.
Some people feel that all these tactics were being used to delay the elections of the four directors who have been "retired" by the former Ombudsman. The election to elect their replacements was originally to be held before August 15, but that did not happen. Then, on July 4, the Ombudsman conducted a draw of lots to "retire" four directors -- Sudhir Kumar Aagarwal, Apurv Jain, Alok Mittal and Nitin Gupta - whose tenure had ended by rotation, as the company laws.
Meanwhile, 17 applications, with varying prayers, have been submitted in the DDCA versus Sudhir Kumar Agaarwal case. The court on Tuesday reserved the judgment. Who knows when the judgment is pronounced, it might as well include the date for election of the four directors.