JUDGEMENT

JUSTICE YOGESH KHANNA, MEMBER (JUDICIAL)

This appeal is filed against an interim order dated 23.11.2023 passed by the National Company Law Tribunal, Division Bench, Court II, Kolkata in Company Petition No.278/KB/2023 stating interalia the said order was passed without proper consideration of the facts and non-application of mind. The Learned counsel for the appellant submitted the Respondent No.1 has breached the shareholders’ agreement and exclusivity agreement and had engaged itself in rival competitive business against the interest of the Joint Venture and though the Respondent No.1 was always given access to the appellant’s books of accounts despite that an interim order was passed without recording proper reasons. It is argued the impugned order of directing an independent forensic audit into the affairs of the Appellant company would rather harm the reputation of the appellant company.

2. It is submitted the Respondent No.1 and Respondent No.2 are the shareholders in Appellant company i.e. LAS Goldair Handling (Bagdogra) Pvt Ltd, a Special Purpose Vehicle created to bid for a tender floated by Airport Authority of India (AAI) to carry out ground handling service at B