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TMI Blog2024 (1) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... s appears to be misconceived and as such there is no reason to interfere with the impugned order. Appeals dismissed. - Company Appeal (AT) (CH) (Ins) No. 78/2023 (IA No.1066/2023) Company Appeal (AT) (CH) (Ins) No.79/2023 (IA No.1067/2023) , Company Appeal (AT) (CH) (Ins) No.80/2023 (IA No.1068/2023) , Company Appeal (AT) (CH) (Ins) No.81/2023 (IA Nos.1069 1070/2023) , Company Appeal (AT) (CH) (Ins) No.82/2023 (IA Nos.1071 1072/2023) , Company Appeal (AT) (CH) (Ins) No.83/2023 (IA Nos.1073 1074/2023) [Justice Rakesh Kumar] Member (Judicial) And [Shreesha Merla] Member (Technical) For the Appellant : Mr. E. Om Prakash, Sr. Adv. For Mr. Rajagopal Vasudevan, Advocate For the Respondent : Mr. T.K. Bhaskar, Mr. Vijay Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 241 is curative in nature. The company petitions are also not maintainable since unconnected multiple prayers are joint together. The petitions are also barred by limitation. As per Rule 23A of the National Company Law Tribunal Rules 2016 permission from this Tribunal is required to present a joint petition by more than one person but no such permission has been obtained hence the company petitions are liable to be dismissed 3. Brief contents of averment in Reply of 1.A.No.32,33, 34 of 2019 are as follows: The main petitions are filed under section 213,241 and 242 of the companies Act 2013 Section 244 (1) (a) of Companies Act, 2013 permits the petitioners to join in a single company petition. The objection raised in this regard is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NCLT Rules 2016. 6 Brief contents of averment in Reply of 1.A.No.54.55, 53 of 2023 are as follows: The permission to jointly file a petition under Rule 23A to be obtained prior to filing of the petition. Post facto permission cannot be granted since it is not contemplated in law. The contention of implied permission was granted is misnomer. The respondent already filed the applications LA No 32,33, 34 of 2019 at the very first instance to decide the maintainability of company petitions for non-compliance of Rule 23A of NCLT Rules 2016. The company petitions are liable to be dismissed and the supra defects cannot be permitted to be cured by a belated petition. The point for consideration is as follows: (i)Whether th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one hundred members of the company or (b)not less than one-tenth of the total number of its members, whichever is less, or (c) any member or members holding not less than one tenth of the issued share capital of the company, subject to the condition that the applicant or applicants has or have paid all calls and other sums due on his or their shares; 12. The section 244(1)(a) mentioned member or members holding not less than one-tenth of the issued share capital of the company, are eligible to file the petition, otherwise permission to waive the condition to be obtained under section 244(1)(b) of the Companies Act 2013, from the Tribunal. 13. The four Respondents herein, who filed the main petitions have requisite shareh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under section 241 of the companies Act,2013 is proper, no permission is required under Rule 23A of NCLT Rules 2016 16. The permission under Rule 23A of NCLT 2016 is required only if more than one person having separate cause of actions but having common interest with similar reliefs. The Rule 23A runs as follows: 23A- Presentation of joint Petition: -(1) The Bench may permit more than one person to join toger and present a single petition if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter. 17. The permission under Rule 23A of NCLT Rules 2016 requires if more than one person having a separate cause of action. There is a difference betw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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