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2025 Supreme(Online)(NCLT) 215

NATIONAL COMPANY LAW TRIBUNAL
Sri Rajeev Bhardwaj, Sri Sanjay Puri, JJ
D Lokesh Chandra – Appellant
Versus
K Venkateshwara Rao – Respondent


Advocates:
For the Petitioner:Harish Kumar Villadath
For the Respondent:Dr S V Rama krishna

ORDER

1. The reluctance of Mr.K.Venkateswara Rao (Respondent), holder of the Specific Power of Attorney (SPA) representing 47 Petitioners in CP No.50 of 2015 to disclose information about the death of certain Petitioners has led the Applicant, who is also the General Power of Attorney (GPA) holder for Respondents No.2 and 3 in the main Petition, to file IA (CA) Nos.93 of 2024 and 94 of 2024 seeking details of the dates of death of any deceased Petitioners, an order barring the SPA holder from continuing to represent the Petitioners etc.

2. In the interlocutory applications (IAs), the Applicant has specifically stated that they have knowledge of the deaths of Petitioner Nos. 14, 26, 28, and 33 after the execution of the SPA. However, instead of addressing this straightforward issue, the Respondent has raised several unrelated concerns, such as allegations of oppression and mismanagement, as well as challenging the Applicant’s locus standi. By doing so, the Respondent has diverted attention from the real issue—whether the death of certain Petitioners affects the maintainability of the proceedings.

3. In the written arguments, the Respondent has confirmed the death of Mr.Vemula Yathiraja

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