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2018 Supreme(NCLAT) 579

A.I.S.CHEEMA, BALVINDER SINGH
Photon Infotech Pvt. Ltd. – Appellant
Versus
Medici Holdings Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. C. S. Vaidyanathan, Senior Advocate with Mr. R. Anand Padmanabhan, Mr. Goutham Shivahankar, Mr. Srinath Ra. Iyengar, Ms. Ananya Mukherjee, and Mr. Akshay Ravi, Advocates.
For the Respondent:Mr. Sankarnarayanan, Sr. Advocate with Mr. P. Rajkumar Jhabhak, Mr. Anandh K. Shruti Iyer, Mr.Shiv Mangal Sharma and Mr. Adhiraj, Advocates

JUDGEMENT :

A.I.S. CHEEMA, J.

These 3 appeals are arising out of same impugned order passed by the National Company Law Tribunal single Bench Chennai (NCLT in short) in CA 90/2017 filed by original applicant “Medici holdings Limited & Ors.”. By the impugned order NCLT has found that the original applicant has made out a case for waiver of clause (a) and (b) of section 244 to file petition under section 241 of the Companies Act, 2013 (new Act in short). Aggrieved by the impugned order original respondents 1 to 5 have filed CA 375/2017, original respondent nos. 6 to 8 have filed CA 396/2017 and original respondent no. 9 has filed CA 395/2017.

2. We have heard the appeals together. The impugned order is also same and thus we are disposing these appeals by this common judgment and order. We will be referring to documents and page numbers from the record of CA no. 375/2017.

3. The impugned order shows that the learned NCLT considered the CA (copy of which is at page 270 in the appeal). The learned NCLT painstakingly summarized the averments made in the application for waiver, which we need not reproduce. NCLT considered the arguments and counter arguments which were made and referred to rul

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