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2023 (11) TMI 969 - AT - Companies Law


Issues Involved:
1. Allegations of oppression and mismanagement.
2. Validity of the compromise deeds and their impact on the company petition.
3. Jurisdiction of NCLT in light of existing settlements.

Summary:

1. Allegations of Oppression and Mismanagement:
The appellants filed a company petition alleging oppression and mismanagement by the respondents, including reduction of shareholding and unauthorized sale of company properties. They sought various reliefs, including declaring board meetings and share allotments as null and void, rectification of the register of members, appointment of an independent auditor, and injunctions against the respondents.

2. Validity of Compromise Deeds:
The respondents argued that a compromise deed dated 11.04.2018, supplemented by another deed dated 31.05.2018, settled the disputes between the parties. The NCLT dismissed the company petition on the grounds that the compromise deed resolved the issues, and the petition could not be entertained further. The appellants contended that the NCLT failed to consider the subsequent compromise deed and the continuous nature of oppression and mismanagement.

3. Jurisdiction of NCLT:
The NCLT noted that the disputes had been settled through compromise deeds recorded by the Hon'ble High Court of Punjab & Haryana and the Ld. Civil Judge, Gurugram. The NCLT held that it could not entertain the company petition in light of the settlements. The appellants argued that the NCLT abdicated its jurisdiction and failed to address the continuous oppression and mismanagement.

Conclusion:
The appellate tribunal affirmed the NCLT's order, agreeing that the settlement between the parties, as recorded by the Hon'ble High Court of Punjab & Haryana and the Ld. Civil Judge, Gurugram, rendered the company petition moot. The appeal was dismissed, and no order as to costs was made. The registry was directed to upload the judgment on the website and send a copy to the concerned tribunal.

 

 

 

 

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