2015 Supreme(Bom) 1893
N.M.JAMDAR
Nafan B. V. – Appellant
Versus
SAF Yeast Company Pvt. Ltd. – Respondent
Advocates:
Advocate Appeared:
Mr. F.E. De' Vitre, Senior Advocate, with Mr. Pravin Samdani, Senior Advocate, Mr. Ciccu Mukhopadhaya, Mr. Vaibhav Mishra, Mr. Omar Ahmed, Mr.Yashesh Pajwani and Mr. Arun Siwach i/by Amarchand Mangaldas and Suresh A. Shroff & Co. for the Appellant in Company Appeal No.21 of 2015; and for applicant in Company Application No.11 of 2015 in Company Appeal No.21 of 2015; for Resp. No.2 in Company Appeal No.22 of 2015 and for Resp. No.1 in Company Appeal No.23 of 2015 and Company Application No.12 of 2015 and for Resp. No.8 in Company Appeal No.24 of 2015.
Mr. T.N.Subramanian, Sr. Advocate with Mr. Mayur Khandeparkar i/by Kanga & Co. for the Appellants in Company Appeal No.22 of 2015; for Resp. No.7 in Company Appeal No.21 of 2015 and Company Appeal No.24 of 2015 and for Resp. No.3 in Company Appeal No.23 of 2015.
Mr. Janak Dwarkadas, Senior Advocate with Mr. N.H. Seervai, Senior Advocate, Mr. Sharan Jagtiani, Mr. Chirag Kamdar, Mr. Gerald Misquitta, Mr. Alok Patel i/by Mahendra Patel & Associates, for Resp. Nos.2, 3, 4 and 6 in Company Appeal No.21 of 2015 and for Company Application No.11 of 2015; for Resp. Nos.3, 4, 5 and 6 in Company Appeal No.22 of 2015 and for appellants in Company Appeal No.23 of 2015 and for applicants in Company Application No.12 of 2015 in Company Appeal No.23 of 2015 and for respondent Nos.2, 3, 4 and 6 in Company Appeal No.24 of 2015.
Mr. Darius Khambata, Senior Advocate with Ms. Namrata M. Shah, Mr. Prashant Bari i/by Beri & Co. for Respondent No.8 in Company Appeal No.21 of 2015 and Company Application No.11 of 2015; and for Respondent No.7 in Company Appeal No.22 of 2015 and for Respondent No.2 in Company Appeal No.23 of 2015 and Company Application No.12 of 2015; and for the appellant in Company Appeal No.24 of 2015.
Mr. C.J. Joy with Mr. G.Hariharan i/by H.P. Chaturvedi for the Union of India.
None present for Resp. No.1 (SAF Yeast) in Company Appeal No.21 of 2015 and in Company Application No.11 of 2015 and Company Appeal No.22 of 2015 and Company Appeal No.24 of 2015 and Respondent No.5 in Company Appeal No.23 of 2015 and Company Application No.12 of 2015.
JUDGMENT:
This group of Company Appeals arises from the order passed by the Company Law Board, Mumbai Bench, Mumbai, on 28 March 2013, in Company Petition No.62 of 2009 filed by M/s. Nafan B.V. The Company Law Board, by the impugned order, has directed Nafan B.V. and Lasaffre Et Cie, to transfer 80722 shares i.e. 51% of shareholding to the respondents in that petition, referred to as Muthu Group.
2. Company Appeal No.21 of 2015 (Company Appeal (L) No. 30 of 2013) is filed by M/s.Nafan B.V.; Company Appeal No.22 of 2015 (Company Appeal (L) No. 33 of 2013) is filed by M/s. Sharp and Tannan, Chartered Accountants; Company Appeal No.23 of 2015 (Company Appeal (L) No. 34 of 2013) is filed by Mr.Arunachalam Muthu & Ors.; Company Appeal No.24 of 2015 (Company Appeal (L) No. 35 of 2013) is filed by M/s. Lesaffre Et CIE. Company Application No.11 of 2015 (Company Application (L) No. 37 of 2013) is taken out in Company Appeal No.21 of 2015 and Company Application No.12 of 2015 (Company Application (L) No. 43 of 2013) is taken out in Company Appeal No.23 of 2015. All these appeals and appli
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