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2017 Supreme(Ker) 1076

NAVANITI PRASAD SINGH, RAJA VIJAYARAGHAVAN V.
Alexander Correya, Son of Lawrence Correya – Appellant
Versus
Dominic Savio – Respondent


Advocates Appeared:
For the Appellant : Sri. A.C. Venugopal, Sri. K. Sharath Chandran, Advs.
For the Respondent: Sri. K.S. Bharathan, Sri. N.J. Mathews, Sri. N. Rajesh

JUDGMENT :

Navaniti Prasad Singh, J.

1. This intra court appeal is against the order dated 26.9.2017 passed by the learned single Judge in W.P.(C) No.30895 of 2017, which is an interim order passed in an application filed by respondents 1 to 9 herein.

2. The writ petition alleged that the application as filed by the three appellants before the National Company Law Tribunal (“the NCLT” for short) Chennai Bench which exercises jurisdiction over Kerala as well, was not maintainable. On this application being made to this Court, the interim order, which is appealed against, was passed. However, the proceedings before the NCLT were not otherwise disturbed. This has resulted in a peculiar situation.

3. It appears that the 11th respondent herein is a Public Company limited by guarantee. All the parties in this proceeding, except respondent Nos.17, 18 and 19, are members or claim to be members of the said company. The three appellants complaining oppression and mismanagement, filed applications before the NCLT, Chennai Bench. Among other reliefs, they sought for an order restraining the directors from transferring any immovable property of the company to respondent Nos.17, 18 and 19 herein and




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