9911796707
TMI Blog2020 (12) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... by Ram Niranjan Kajaria & Ors. (HUF)/the Applicant praying to initiate contempt proceeding against the alleged contemnor for willfully and deliberately disobeying the order dated February 11, 2020 of this Hon'ble Tribunal passed in C.P. No. 421/KB of 2020 and directing the respondent nos. 2 to 5, 8 and 9 and their men and agents to disclose particulars of accounts, bank statements, transactions made by them in respect of the company to the petitioners and this Hon'ble Tribunal. The urgency for an early hearing being satisfactorily explained by the petitioners, this case was listed for hearing through Video Conferencing today after giving advance notice from the Registry of Kolkata NCLT Bench to the respective parties I.e. the Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that despite having full knowledge of the said Order dated February 11, 2020, the respondents have failed and neglected to comply with the directions of the order dated February 11,2020 of the Tribunal by failing to prepare, inform and provide the petitioners an up-to-date monthly status of the affairs of the company inclusive of accounts of the company. The petitioners by their several letters and reminders requested the Company to provide statement of account, minutes of meeting, Balance Sheet and Profit & loss Account of R1 Company filed as on 31st March 2018 and 31st March 2019 and Despite receiving repeated reminders and requests, the respondent nos. 2 to 5, have neither issued any reply thereto nor have taken any steps in adherence to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way affect partitioning of the assets as per law. In terms of the order, the parties were directed to complete pleadings by exchanging reply affidavit and rejoinder by taking not more than 3 weeks each and mature the application for hearing. 7. It would be seen that the parties had indicated that they were ready for a partition of the shareholding in R-1 company and pursuant to that understanding only, the order was passed. During the course of hearing, learned counsel for the respondents has submitted that the order dared 11th February, 2020 has been fully complied with and there is no violation at all. It is stated by the learned counsel that the petitioner has only 6.2 per cent shareholding and the partition proceedings were to be file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elied upon by the learned counsel, is applicable in a situation, "where a civil suit is pending". In this case, it is submitted that there is no civil suit pending. It is stated that in this case, the parties propose to file a suit for partition, and in such a suit, anybody can be plaintiff and/or defendant. It is stated that even if the petitioner could not file the suit, the respondents could have filed the partition suit, and nothing prevented him from doing so. 9. After hearing both the parties, we leave it upto the parties as to who will file the suit for partition. 10. In view of the aforesaid discussions and arguments advanced by the parties, we direct the respondents to file the up-to-date status of the affairs of the company as h ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
