ORDER

HYBRID MODE

This is an appeal against an impugned order dated 05.08.2024 passed by the Ld. NCLT whereby the locus of Respondent No.1 and 2 herein to prefer Company Petition under Section 241 of the Companies Act, 2013 was upheld.

2. It is argued by the learned senior counsel for the appellant its primary objection qua maintainability of the company petition and non-compliance of Section 244 (1) of the Act was wrongly rejected by Ld. NCLT.

3. The respondents filed company petition in their capacity as legal representatives of late Mrs Tarla Girish Tanna, an erstwhile shareholder of the appellant company. It is argued despite the Respondent No.1 and 2 herein have not been declared as a legal representatives of Ms Tarla Tanna, yet the Ld. NCLT allowed them to maintain Company Petition in terms of an authority allegedly vested in respondents under the Consent Terms dated 26.04.2017.

4. It is argued by the learned senior counsel for the appellant the Ld. NCLT had failed to appreciate (a) the very legality and validity of these Consent Terms are under challenge before the Bombay High Court vide Suit No.1075/2019; (b) even assuming the said Consent Terms are lawful and valid, Responde