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TMI Blog2020 (2) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... KUMAR MISHRA, MEMBER (TECHNICAL) This appeal has been filed by the appellant under Section 421 of the Companies Act, 2013 for being aggrieved by the order dated 22nd January 2019 of National Company Law Tribunal (NCLT in short), Mumbai Division II, Mumbai. They are basically aggrieved with the order of NCLT Mumbai in respect of "not alienate any of the assets of the company until further orders in CP No.2440/241- 242/MB/2018". Respondent in the present appeal Mr. Kanji Bhanji Shah and Mr. vadilal Kunverji Gada have approached NCLT Mumbai to grant multiple reliefs including not allowing any transfer of shares by the respondent in the main petition until final order is passed by the NCLT; to restore the post of directorship of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re transfer form signed by the Respondents and no consideration were passed. They are alleging for some forged signatures on some of the certificates Page 10 para L of the appeal. The appellants have also made their submission that the Respondent in the appeal, no doubt, were appointed as director of the appellant company in December, 2010 but resigned from the company in February, 2012 and they are not holding any qualifications shares and unable to get any shares within the prescribed time limit. It is also revealed that the Respondent in the appeal have filed a complaint before ROC on 22nd April, 2016 and the said complaint was closed by ROC on 6th November, 2017. It is also observed from the submissions made by the appellant that the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s signatures excluding authorised signatory and signatures on back side transfer of shares is also signed by one authorised signatory and sometime by two authorised signatories. * In any case appellant itself is telling that some of the share certificates are forged, page 10 para L of the appeal. * The Tribunal has not passed any final order in its order dated 22.1.2019 and has fixed next date of hearing also. * We have also seen that they are complying with a criteria of Section 241 to 244 as they are holding shares. * Any member of a company can redress their relief in cases of oppression vide Chapter XVI of the Companies Act, 2013. NCLT order not to alienate the assets of the company is till further order only. 6. Hence we do no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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