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2019 (9) TMI 1619

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..... ave also appeared in the Company Petition, it appears appropriate in the interest of justice that the Appellant and other Respondents, who were not heard when the impugned order was passed, should be heard by NCLT to appreciate the grievances of the Appellant and other Respondents, who were not heard. The impugned order shows that while passing the order, the NCLT had heard Respondent Nos. 4, 7, 8 and 9. As it is stated that the present Appellant and other Respondents have also appeared in the Company Petition, it appears to us appropriate in the interest of justice that the Appellant and other Respondents, who were not heard when the impugned order was passed, should be heard by NCLT to appreciate the grievances of the Appellant and oth .....

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..... ed under Sec. 244 of Companies Act in terms of number of members even without considering their rectification prayer. Therefore, matter admitted. The learned PCS pressed that there is need to pass some urgent orders in relation to the interim reliefs prayed. Counsel representing R4 and counsel for R7, R8 and R9 are present. Having heard the submissions and having gone through the records placed, it is found that the Petitioners have made a prima facie case for interference of this Tribunal for passing orders in relation to some of the interim prayers:- I. Interim Prayer (a):- The Respondents are directed to maintain status-quo of shareholding pattern of the Company till further orders. II. Interim Prayer (d):- Further the above .....

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..... y, 2019. Until further orders, operation of the ex parte impugned interim order dated 6th February, 2019 shall remain stayed. However, the proceedings may continue. 4. Learned Counsel for both the sides state that the matter has now been transferred to National Company Law Tribunal, Amaravati Bench, where in the Company Petition already further proceedings have taken place. 5. It is stated that the other Respondents have also appeared in the matter. The impugned order shows that while passing the order, the NCLT had heard Respondent Nos. 4, 7, 8 and 9. As it is stated that the present Appellant and other Respondents have also appeared in the Company Petition, it appears to us appropriate in the interest of justice that the Appella .....

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