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TMI Blog2019 (11) TMI 1481X X X X Extracts X X X X X X X X Extracts X X X X ..... ation cannot be decided at this stage. Without going into the merits of the Petition vis-a-vis the claim of the Respondents prima facie it cannot be said that the Company is under dispute in any case. There are no reason to modify the order nos. I II dated 06.02.2019 passed by the NCLT, Hyderabad Bench - appeal disposed off. - TCP (IB) No. 130/241/AMR/TP/2019 and CP (IB) No. 78/241/HDB/2019 - - - Dated:- 1-11-2019 - Janab Mohammed Ajmal, Member (J) For the Appellant : Manjula Devi and K. Dheeraj, Advocate For the Respondents : G. Sethu Rama Rao, Advocate, S. Chidambaram, PCS, Subba Rao, Ch. Pushyam Kiran, M. Rama Krishna, Y. Suryanarayana and G. Bhupesh, Advocates ORDER Janab Mohammed Ajmal, Member (J) 1. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... point any commissioner for the purpose as stated in the Interim Prayer (b) at this stage, instead I direct the Respondents to produce all primary records/documents as mentioned on or before 12.02.2019 with a specific list and file in the Registry for the purpose of verification by the Petitioners as required and prayed. Petitioner is directed to issue another notice to Respondents for their appearance, time granted for filing counter. Put up the matter on 18.02.2019 . 3. The Respondent No. 2 called the order in question before the Hon'ble NCLAT in Company Appeal (AT) No. 112 of 2019. The Hon'ble Appellate Tribunal by an order dated 27.09.2019 directed as follows. 6. We dispose the present Appeal with the following direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent and their men, servants and agents from altering or changing in any manner the shareholding pattern of the Company without the prior approval of the Hon'ble Tribunal. b) To appoint a Commissioner to make an inventory and to authenticate/initial the statutory registers, all books and documents and records of the Company and in particular the stick register, directors' minutes books, shareholders minutes books, the register of members, counterfoil of the share certificates, books of accounts, cash books, journals and ledgers and score out the blank pages contained therein; c) To appoint an independent auditor to verify the accounts of the Academy in order to verify the money trail and submit a report before the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble Tribunal. k) To direct the 2nd, 3rd and 6th Respondent not to enter into any agreement with any third party on behalf of the Company henceforth without the prior approval of the Hon'ble Tribunal; l) Ad-interim orders in terms of prayers above. m) Such further order or orders and/or direction or directions be given as to this Hon'ble Tribunal may deem fit and proper. 5. The Respondents strenuously objected to the prayers. It is contended by them that the Company Petition itself is not maintainable and is grossly barred by limitation. The Petitioners in the past have not acted in accordance with the provisions of the Companies Act and in the terms of the Articles of the Association of the Company. Since the Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been sought to submit their passports and copies of income-tax returns. This again relate to the allegations of mismanagement made in the Company Petition. Without going into the merits of the Petition vis-a-vis the claim of the Respondents prima facie it cannot be said that the Company is under dispute in any case. 8. Therefore I do not find any reason to modify the order nos. I II dated 06.02.2019 passed by the NCLT, Hyderabad Bench. The Petitioners however have not prayed for verification of the documents and primary (sic) records. Since prayer No. (b) (c) are not allowed, I am not inclined to direct production of the primary records and documents as per order No. III dated 06.02.2019. The order is modified to that extent. Ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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