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2024 Supreme(Online)(NCLAT) 1072

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Sharad Kumar Sharma, Member (Judicial)
Catalyst Trusteeship Limited – Appellant
Versus
Mosavi Enterprises Private Limited – Respondent


Advocates:
For the Appellants:Mr. PH. Arvindh Pandian, Senior Advocate for Mr. TK. Bhaskar, Ms. Smiti Tewari, Mr. Shreyas Lele, Mr. Nayan Mahar, Ms. Simran Grover, Mr. Dhiraj Mhetre, Ms. Aparajitha Vishwanath & Mr. Jeevan Hari
For Respondents:Mr. R. Sankaranarayanan, Senior Advocate for Mr. Karthik Sundaram, Ms. Ranjana Jain & Mr. Manikanda Prabhu

ORDER

(Hybrid Mode)

[Oral Judgment: Justice Sharad Kumar Sharma, Member (Judicial)] 24.12.2024:

These are two company appeals, which arise out of Company Petition No.66/241/HDB/2024. Though the said company appeals are in relation to, the orders passed in two different Interlocutory Applications, being IA No. 376/2024 and IA No. 375/2024, for the sake of convenience, they are being decided together. In Company Appeal (AT) (CH) No.87/2024, the Appellant, questions the propriety of the impugned orders passed on IA No. 376/2024 in the aforesaid company petition. By virtue of the Impugned Order, the application preferred under Rule 11 of the NCLT Rules of 2016 has been decided, and as a consequence of the decision thus rendered, the Ld. Adjudicating Authority, has ruled that, any decision which is to be taken on basis of the resolution taken by EGM on 17.12.2024, would be subject to final outcome of the company petition.

2. In the connected company appeal, being the Company Appeal (AT) (CH) No.88/2024, the decision which is under challenge is the order passed in IA No. 375/2024 preferred under Rule 11 of the NCLT rules of 2016. By the said order, the resolution which was passed by the EGM

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