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2024 (4) TMI 121

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..... l, Ahmadabad Bench, Ahmadabad, Court 2 (in short 'Tribunal') by which, while allowing the application bearing I.A. No. 219 of 2020 filed in C.P. 46/NCLT/Ahm/2017 (in short 'main petition') by the Appellant for deleting the names of Respondent No. 4 to 8 and 13 from the array of the Respondents has been saddled with a cost of Rs. 5,00,000/- to be distributed to Respondent No. 4 to 8 and 13 equally towards compensation for having suffered in their business and faced irreparable loss to their name and fame in the society being prejudiced by the order of stay which continued to operate against them in the main petition. 2. In brief, the Appellants herein filed CP No. 46 of 2017 before the Tribunal against the Company 'Gangotri Infrastructure P .....

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..... ition and assigned/transferred of plot of land no. 224 to Respondent No. 4 to 8 to be declared as illegal and void ab-initio. Para 25 Interim Reliefs: 1 a.) 1.Transferring/assigning of the plot no. 224 to Respondents No. 4 to 8 till disposal of the petition. 16b) restraining Respondents No. 4 to 8 for dealing / assigning/ transferring of the plot no. 224 to any person till disposal of the petition. Further status quo to be maintained". 5. It is pertinent to mention that the main petition was contested by Respondent No. 4 to 8 and 13 by filing their reply and after two years the order of stay granted to the Appellant on 08.05.2017 was vacated on 18.12.2019 and the transaction of sale of the plot which was subject matter of the main petition .....

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..... he impugned order to the Appellant to pay a token amount of Rs. 5,00,000/- to be distributed to Respondents No. 4 to 8 and 13 equally as they have suffered not only in their business but name and fame in the society which amounts to irreparable loss. 7. Counsel for the Appellant has argued that the Tribunal has committed an error in awarding the amount as cost to Respondent No. 4 to 8 and 13 as Respondent No. 4 to 8 and 13 has rightly been impleaded as Respondent in the main petition initially but later on the Appellant challenged the said transaction by way of civil suit and in order to avoid objection regarding parallel proceedings, their names have been deleted which does not attract the imposition of cost of Rs. 5,00,000/-. 8. We have .....

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