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2024 Supreme(Online)(Ker) 79537

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T. R. Ravi, J
T. R. VENUGOPAL – Appellant
Versus
ELITE TASTY TOAST PVT.LTD (FORMERLY ELITE BREADS PVT. LTD.) – Respondent


Advocates:
For the Appellants/Petitioners: SRI JOSEPH KODIANTHARA (SR.), SRI VIJAY V. PAUL, SRI SHILPA SOMAN, SRI SAMAH ABDUL MAJID, MS.ANGELA ELSA JOHN, SRI T.R.HARIKUMAR(K/000295/1992)
For the Respondents: SRI. R. SHANKARA NARAYANAN (SR.), SRI GOPIKRISHNAN NAMBIAR M, SRI K.JOHN MATHAI(K/413/1984), SRI JOSON MANAVALAN(J-526), SRI KURYAN THOMAS(K/131/2003), SRI PAULOSE C. ABRAHAM(MAH/58/2006), SRI RAJA KANNAN(K/356/2008), SRI PRANOY HARILAL(K/931/2018), SRI. BIJU.G,SC.

JUDGMENT

The petitioners filed Company Petition Nos.69, 71, and 72 of 2019 before the National Company Law Tribunal (hereinafter referred to as the Tribunal) under Sections 241 and 242 of the Companies Act, 2014 with respect to three Private Limited Companies named Elite Foods Pvt. Ltd., Elite Tasty Toast Pvt. Ltd. and Yamuna Roller Flour Mills Pvt. Ltd. The said Companies were impleaded as 1st respondent in the Company Petitions. All the Company Petitions were filed on 28.08.2019. The grievance of the petitioners is that the Tribunal is proceeding to finally hear the Company Petitions without affording a chance for the petitioners to file their rejoinder to the replies filed by the 1st respondent and adopted by respondents 9 to 15. The facts are narrated as appearing from W.P.(C)No.22644 of 2024.

2. On 29.08.2019, the Tribunal, by Ext.P2 order, appointed Sri Sankar P. Panicker as Advocate Commissioner. On 01.06.2022, by Ext.P4 order, the Tribunal endorsed that pleadings are complete in the case and that since it is an old pending matter, there will be no further adjournment in the case. The said order was issued in the main Company Petition itself. On the same day, in the order in

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