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2022 Supreme(SC) 94

HEMANT GUPTA, V. RAMASUBRAMANIAN
Devas Multimedia Private Ltd. – Appellant
Versus
Antrix Corporation Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Mukul Rohtagi, Sr. Adv. Mr. Arvind P. Datar, Sr. Adv. Ms. Anuradha Dutt, Adv. Ms. B. Vijayalakshmi Menon, AOR Mr. Pawan Sharma, Adv. Ms. Priyanka M.P., Adv. Mr. Chaitanya Kaushik, Adv. Mr. Ambar Bhushan, Adv. Mr. Haaris Fazili, Adv. Mr. Kunal Dutt, Adv.
For the Respondent(s): Mr. N. Venkataraman, ASG Mr. V. Chandrashekara Bharathi, Adv. Ms. Vanita Bhargava, Adv. Mr. Ajay Bhargava, Adv. Mr. Arvind Ray, Adv. Mr. Karan Gupta, Adv. Ms. Vansha Sethi Suneja, Adv. Mr. Chinmoy Roy, Adv. for M/s. Khaitan & Co. Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

V. Ramasubramanian, J.

1. Challenging an order of winding up passed by the National Company Law Tribunal under Section 271 (c) of the COMPANIES ACT , 2013 (for short the 2013 Act), which was confirmed by the National Company Law Appellate Tribunal on appeals, the company in liquidation, namely, Devas Multimedia Private Limited, through its ex-Director has come up with an appeal in Civil Appeal No.5766 of 2021 and one of the shareholders of the company in liquidation, namely, Devas Employees Mauritius Private Limited (hereinafter referred to as DEMPL) has come up with another appeal in CA No.5906 of 2021.

2. We have heard Shri Mukul Rohtagi, learned senior counsel appearing for the company in liquidation, Shri Arvind P. Datar, learned senior counsel appearing for the shareholder-appellant, Shri N. Venkataraman, learned Additional Solicitor General appearing for Respondent No. 1 herein, which is the company which moved the Tribunal for winding up the company in liquidation and Shri Balbir Singh, learned Additional Solicitor General appearing for the Union of India.

3. Br

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