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2019 Supreme(NCLAT) 854

A.I.S.CHEEMA, BALVINDER SINGH
Smiti Golyan – Appellant
Versus
Nulon India Limited – Respondent


Advocate Appeared:
For the Appellants :Dr. U.K. Chaudhary, Sr. Advocate with Ms. Ranjana Roy Gawai, Ms. Vasudha Sen, Shri Vivek Kumar and Shri Himanshu Viz, Advocates
For the Respondents:Shri Virender Ganda, Sr. Advocate with Shri Sarwar Raja, Ms. Shelly Khanna, Mohd. Waseem Akram, Mr. Takrim Ahsan Khan and Shri Chandreyee Maitra, Advocates

JUDGMENT :

A.I.S. CHEEMA, J.

1. This Appeal has been filed by original Respondents – 2 and 3 against Impugned Judgment dated 04.07.2018 passed by the National Company Law Tribunal, Principal Bench (‘NCLT’, in short) in Company Petition 27(ND) of 2015. The Appellants claim to be shareholders as well as Directors in Nulon India Limited (hereafter referred as – ‘Company’) -arrayed as original Respondent No.1 (OR1) in the Company Petition. It is stated that the Company was incorporated on 08.05.1987. It appears that the first Directors were Respondent No.3 – Mahabir Prasad Golyan (original Petitioner No.2) and the Appellant No.2 - Krishan Kumar Golyan (original Respondent No.3 – OR3) and one L.K. Bajoria, said L.K. Bajoria resigned as Director on 27.07.1995. It is stated that the Appellant No.1 – Smiti Golyan (Original Respondent No.2 – OR2) was then inducted as Director.

2. We will refer to the parties in the manner in which they have been arrayed before NCLT and as reflected in the Impugned Order, which referred to the Amended Petition. It seems that earlier only OP1 – Yash Golyan filed Petition and then by amendment, his grandfather and grandmother appear to have been added as Petition

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