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SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
King Lifescapes Venture LLP By its Managing Partner, R. Krishnarajan – Appellant
Versus
Registrar of National Company Law Tribunal NCLT - Chennai Bench – Respondent
JUDGMENT :
(Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, (a) call for records and quash the status quo order passed by the 1st Respondent on 20.12.2023 as the same is ultra vires as the said Tribunal is not vested such powers and does not having the Statutory Jurisdiction to do same confining to the facts and circumstances in Company Petition No.126/CH/ 2023 filed by the 2nd respondent herein under Section 241 to 244 of the Companies Act, 2013 before the learned 1st respondent; (b) directing the 4th respondent herein the Sub-Registrar of Mathurandhagam to continue the registration process in respect of the properties vide to the DTCP Approval No.40/2023 and its layout and plots.)
1. Heard Mr. M. Pradeep Shankar, learned counsel for the petitioner and Mr. K. Karthik Jagannath, learned Government Advocate for respondent 4.
2. The second respondent has filed a company petition under Sections 241 to 244 of the Companies Act, 2013 before the National Company Law Tribunal [for brevity, “the NCLT”] on the ground of mismanagement of the third respondent company. The present petitioner has purchased the same property from the
Condition precedent for invocation of Section 241(2) of the Act, which requires the Central Government to come to an opinion that the affairs of the company “are being conducted in a manner prejudici....
The Companies Act, 2013 bars civil court jurisdiction in company disputes, mandating adjudication by the National Company Law Tribunal.
When a specialized tribunal is empowered by statute to adjudicate disputes involving company oppression and mismanagement, including the authority to grant interim injunctions, the jurisdiction of ci....
The court established that the NCLT must conduct a thorough examination of evidence in cases involving rectification of the Register of Members under the Companies Act, 2013.
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