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TMI Blog2022 (11) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... l, the instant Appeal is disposed off with the following observations without entering into the merit of the case:- i) The National Company Law Tribunal (Kolkata Bench, Kolkata) is requested to expedite the matter and dispose of at an early date and ii) The parties are at liberty to raise all the issues before the Tribunal and after hearing the parties, the Tribunal to pass appropriate orders. Appeal disposed off. - Company Appeal (AT) No. 126 of 2020 - - - Dated:- 15-11-2022 - [ Justice Anant Bijay Singh ] Member ( Judicial ) And [ Ms. Shreesha Merla ] Member ( Technical ) For the Appellant : Mr. Sunjo Seth , Advocate For the Respondent : Ms. Sneha Baul , Advocate JUDGMENT Justice Anant Bijay Singh ; The presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opy of the petition has been served to the respondents. Respondents are directed to file reply within 3 weeks by giving copy to the petitioner and the petitioner may file rejoinder within 3 weeks of receipt of the reply affidavit by serving copy to the respondents. List it for further consideration on 14/05/2020. 2. The Respondent herein- Sudhir Goenka filed application before the Tribunal bearing CP No. 651/KB/2020 with following reliefs along with interim reliefs also: a. Leave be granted to the petitioner in terms of Section 244 of the Companies Act, 2013, to initiate the instant proceedings as against the respondents. b. A scheme be framed for management and administration of the company. c. The sale of assets o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, servants, agents or assigns from holding or convening or participating in or voting at nay meeting of the Board of Director or any Annual General Meeting or Extraordinary General Meeting of the Company. k. Injunction restraining the respondents from involving themselves in the business or affairs of the company. l. An order directing the Central Government be directed to appoint such number of inspector or inspectors to investigate the affairs of the company. m. The respondents be directed to compensate the company for the loss and damages caused to the company by their wrongful and illegal acts including misappropriation of funds, wrongful representation to the public at large including the government authority and other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this application be paid by the respondents 2 and 3. v. Such further order or orders be passed and/or direction or directions be given as this Hon ble Tribunal may deem fit and proper. Interim reliefs : - a. Leave be granted to the petitioner in terms of Section 244 of the Companies Act, 2013, to initiate the instant proceedings as against the respondents. b. Ad interim order suspending the debit operation of the bank accounts of the company maintained with IDBI Bank Ltd., Park Street Branch, bearing account 0012102000033293. c. Ad interim Injunction restraining the respondents from dealing with or executing deed of conveyance or executing or performing any agreement, with respect to properties held by the company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... members or 1/10 but not 01 member to envisage the provisions of Section 241 of the Companies Act, 2013, this fact of the matter was not considered by the Tribunal and passed the impugned order in a mechanical manner waiving the requirements specified in clause (a) and (b) of Section 244 (1) of the Companies Act, 2013, therefore, the impugned order cannot be sustained in the eye of law and it is fit to be set aside. 4. The Ld. Counsel for the Respondent during the course of argument and in his reply affidavit along with written submission submitted that the Tribunal waive the requirements specified in clause (a) and (b) of Section 244 (1) of the Companies Act, 2013 and admitted the application as per proviso in Section 244(1) of the Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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