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2022 Supreme(Guj) 6

SANGEETA K.VISHEN
SOMABHAI DAMODARDAS PATEL – Appellant
Versus
LINCOLN PARENTERAL LIMITED – Respondent


Advocates Appeared:
For The Appellant : MR ARJUN R SHETH
For The Respondent:MR SN SOPARKAR, SENIOR ADVOCATE WITH MS DHARMISHTA RAVAL

ORDER :

This petition, has been filed by the petitioners praying for quashing and setting aside the impugned order dated 14.9.2021 (learnt on 25.9.2021) passed by the respondent no.3 in CP (CAA) 74 of 2020 in CA (CAA) 49 of 2020 and Company Application No.20 (AHM) of 2021.

2. Central to the issue is, the order dated 14.9.2021 passed by the National Company Law Tribunal (hereinafter referred to as ‘the Tribunal’) approving the scheme of merger/amalgamation. According to the petitioners, the cause list dated 14.9.2021, published on the website of the respondent no.3, did not contain the pronouncement of order in CP (CAA) 74 of 2020 in CA (CAA) 49 of 2020 and Company Application No.20 (AHM) of 2021. Therefore, the order has been passed behind the back of the petitioners; in violation of the National Company Law Tribunal Rules, 2016 (hereinafter referred to as the ‘Rules of 2016’), so also in violation of the statutory and fundamental rights of the petitioners. This Court on 18.10.2021, after hearing the learned advocate for petitioners, issued the notice and ad-interim relief was granted staying the operation and implementation of the order dated 14.9.2021. The said order reads thus:-

    “H

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