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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Arun Baroka (Member (Technical)) ,
Mrs. RITU KHANNA – Appellant
Versus
DELHI GYMKHANA CLUB LIMITED – Respondent


Mr. Deepak Khosla, Advocate; Mr. Raunak Dhillon, Ms. Isha Malik and Mr. Jeezan Riyaz, Advocates for R-10; Mr. Prateek Kumar, Ms. Raveena Rai and Ms. Moha Paranjpe, Advocates for R-1.

JUDGMENT

ASHOK BHUSHAN, J.

This appeal has been filed challenging the order dated 10.09.2024 passed by the NCLT (National Company Law Tribunal, New Delhi, Principal Bench), rejecting CA 90/PB/2024 filed by the appellant. The appellant has filed the application CA 90/PB/2024 for recall of the order dated 15.12.2023 passed by the NCLT, which application has been rejected.

2. It is necessary to notice background facts, giving rise to filing of CA No.90/PB/2024:

i. C.P. No.71/ND/2020 was an application filed by Union of India under Sections 241 and 242 of the Companies Act, 2013 (for short ‘the Act’) against the Delhi Gymkhana Club as Respondent No. 1.

ii. One Col. Ashish Khanna, the husband of the appellant was impleaded as Respondent No.18 as a secretary of Delhi Gymkhana Club in the petition filed under Sections 241 and 242 of the Act.

iii. NCLT proceeded to pass various order in the said company petition.

iv. Col. Ashish Khanna has filed CA 440/PB/2022, praying for recall of the order dated 24.04.2020 and all order passed subsequent to 24.04.2020. The order dated 24.04.2020 was passed by single member judicial. The application CA440/2022 was dismissed by the NCLT vide order dated 15.12.20

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