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2020 (12) TMI 28

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..... of the shares, after due valuation. HELD THAT:- In view of the settlement agreement between the parties and the withdrawal memorandum filed by the petitioner to withdraw the petition, nothing survives for further consideration in this matter. Petition dismissed as withdrawn. - TCP/120/KOB/2019 - - - Dated:- 20-11-2020 - Shri Ashok Kumar Borah, Member (Judicial) For the Petitioner : Shri Philip Mathew, Advocate For the Respondents : Shri A.M. Sreedharan, Advocate ORDER This Company Petition originally being filed before the National Company Law Tribunal, Chennai Bench, on the constitution of this Bench, transferred to this Bench and numbered as TCP/120/KOB/2019. The petition has been filed by M.T.P.Mohammed Kunh .....

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..... espondent -Company. iv. To direct the present shareholding pattern of the respondent -Company to be kept intact till proper transmission of 3650 equity shares constituting 24.93% of the paid up capital in accordance with the applicable succession law is effected and the transmission of shares is registered by the 1st Respondent-Company in respect of the said shares originally held by late K. Mamoo, who died on 8-9-2017. v. To allow the compulsory purchase by the Petitioner and his nominees of the shares, after due valuation and which are now held by the 2nd Respondent and his group consisting of his brother Naveen Gupta and the Company, M/s. Triumph Finance Pvt. Ltd which is managed by them after due notice to them for Compulsory purc .....

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..... nt talks are still going on and expected to sign the agreement on that day. This Bench directed both the parties to file their settlement memo within two weeks. On 3rd November, 2020 the matter was adjourned to this date as both parties stated that they will file settlement memo as the petitioner received partial amount from the respondents and they are awaiting for the remaining payment. 5. On 18th November, 2020 the applicant filed a withdrawal memorandum stating that after several rounds of negotiations, both the parties have reached for an amicable settlement in the matter and entered into a Memorandum of Agreement on 11.11.2020. In view of the settlement, the share of the petitioner in the respondent company have been taken over by .....

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..... r of the Directors of the Company or their nominees. 3) The party of the first part will surrender all their share certificates already issued by the Company to the party of the First Part, in favour of Mr. Ravi Gupta, the Director of M/s. Prime Habitat Pvt Ltd along with duly executed share transfer instruments in SH-4 Forms or as statutorily required. 4) The party of the First Part will not raise any claims against the party of the Second Part and its Directors on receipt of the amount of Rupees Eighteen Lakhs and thirty thousand in full and final settlement of his claims and accordingly file a Memo through his counsel before the National Company Law Tribunal, Kochi Bench seeking to withdraw the Company Petition No. TCP/120/KOB/2019 .....

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