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TMI Blog2023 (4) TMI 1144X X X X Extracts X X X X X X X X Extracts X X X X ..... d order which was passed by the Learned NCLT exercising jurisdiction under Section 424(3) of the Act was exercised only with a view to implement the order passed in CP No.30/2014. Moreover, repeatedly it has been asserted in the Memo of Appeal as well as during argument also that the impugned order was passed ex-parte but facts remains that after filing of the Misc A. No.1065/KB/2018 the appellants participated in the proceeding. They filed reply and thereafter abstained in participation on the date of final arguments. It is also not in dispute that the order dated 3rd August, 2017 had attained its finality since it is admitted fact that against the said order no appeal was filed which is reflected from the record itself. Once in a proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Ld. Counsel appearing on behalf of the Applicant and perused the records. It is pertinent to mention that no appeal was preferred by the Judgment Debtors against the Order dated August 3, 2017. 26. This is an application for urgent hearing of M.A No.1065/KB/2018, which was filed under Section 424(3) of The Companies Act. 2013 by the Applicant. for implementation of an Order dated August 3, 2017. passed by this Adjudicating Authority in C.P. No.30 of 2014. The applicant instituted C.P. No.30 of 2014 under Sections 397 and 398 of the Companies Act, 1956, challenging the acts of oppression and mismanagement perpetrated by the Judgment Debtor Nos. 2-4 who are directors and hold 14.25%, 12.53% and 12.53% shareholding, respectively, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cting the AGM within the stipulated time is hereby condoned and the Company and the petitioner being its officer shall not be visited with any adverse consequences in this regard. 31. Leave is granted to the Applicant to make all statutory compliances by filing the financial statements including Balance Sheet, Annual Returns and Profit Loss Account from March 31, 2014 onwards and apply for renewal of license before the Deputy Director of Agriculture, West Bengal to resume the operation of the factory. 32. The applicant is allowed to convene board meeting with the quorum of only I director so that 3 more directors representing the applicant's interest can be appointed in the board of the company in accordance with Section 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is further evident that since the order passed by the NCLT was not implemented the Respondent No.1 herein filed an application under Section 424(3) of the Companies Act, 2013 for implementation of the order by way of granting following reliefs:- a) A direction allowing the applicant to convene a Board Meeting with the quorum of only one director. b) Allowing the applicant to appoint three directors on the Board of Directors and to hold Board Meeting as such date fixed by this Adjudicating Authority and for holding Extra-Ordinary General Meeting. c) Directions be issued to the ROC to allow/permit the Company to hold the AGM to approve and adopt the Annual Accounts, Directors Reports, Auditors Reports for the year ended on March 31, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en claimed that in a petition filed under Section 424(3) of the Companies Act, 2013, learned NCLT exceeded its jurisdiction in granting reliefs which were more than the reliefs which were granted in the main petition i.e. CP No.30/2014. 7. Ms Malvika Trivedi, learned senior counsel while pressing the present appeal has argued that ex-facie the impugned order is an ex-parte order and without affording any opportunity of hearing the learned NCLT has passed the impugned order. She further submitted that learned NCLT has committed error in entertaining relief in Misc A. No.1065/KB/2018 which were far beyond the scope and purport of the main order dated 3rd August, 2017. It has been argued that the Learned NCLT travelling beyond the main orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be inferred that the impugned order was ex parte order. He further submits that in the petition the relief which was sought for was virtually in relation to implementation of order passed on 3rd August, 2017 in CP No.30/2014. In sum and substance it has been argued that in compliance with the impugned order since subsequent development had already been taken place which has been elaborated hereinabove there is no reason to interfere with the impugned order at this belated stage. 10. Besides hearing we have perused the material available on record. It is true that in the present proceeding after reply filed by the Respondent the appellant have also filed rejoinder but facts remains that in compliance with the impugned order subsequ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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