NATIONAL COMPANY LAW TRIBUNAL

KOCHI BENCH

CORAM: SHRI RAVICHANDRAN RAMASAMY JYOTI KUMAR TRIPATHI

HON’BLE MEMBER (TECHNICAL) HON’BLE MEMBER (JUDICIAL)

CP(C/ACT)/28/KOB/2023

PETITION No./IA No.

SEC 241 242 C/ACT.

SECTION

DR. HYDERALI KALLIYATH AND ANOTHER V/S VETTATHU NADU

NAME OF PARTIES REHABILITATION CENTRE PVT LTD AND 7 OTHERS. PETITIONERS ADVOCATE/ CS SREEPRIYA KALARIKKAL (COMPANY SECRETARY)

PROFESSIONAL

RESPONDENTS ADVOCATE/ AKHIL SURESH, OMEGA ALLIANCE

PROFESSIONAL

10 JAN 2025

O R D E R IA(C/ACT)/173/KOB/2024 in CP(C/ACT)/28/KOB/2023 Learned Counsel, Ms. Sreepriya Kalarikkal appears physically in court on behalf of the applicants. Learned Counsel Mr. Sukumar Nainan Oommen appears on behalf of R1, R2 through virtual mode. Learned Counsel Ms. Kalyani Krishna B appears on behalf of R3 to R8 through virtual mode.

IA(C/ACT)/204/KOB/2024 in CP(C/ACT)/28/KOB/2023

Learned Counsel Ms. Kalyani Krishna B appears on behalf of the applicants

through virtual mode. Learned Authorised Representative, Ms. Sreepriya Kalarikkal appears physically in court on behalf of R1 and R2. Learned Counsel Mr. Sukumar Nainan

Oommen appears on behalf of R3 and R4 through virtual mode.

In this case Counsel on record for the applicants has not appeared and the

representing counsel sought adjournment. Counsel for the applicant further stated that

she will seek instructions on filing rejoinder.

R1, R2 has filed reply affidavit and the same is on record.

In this case R3, R4 has filed the reply affidavit, but the same is in defect with the

registry. Counsel for R3, R4 is directed to cure the defects and copy of the same shall be

served on the other side.

Pleadings are complete in this matter.

Case posted for final hearing on 21.02.2025.

IA(C/ACT)/175/KOB/2024 in CP(C/ACT)/28/KOB/2023 Learned Counsel, Ms. Sreepriya Kalarikkal appears physically in court on behalf of the applicants. Learned Counsel Mr. Sukumar Nainan Oommen appears on behalf of R1, R2 through virtual mode. Learned Counsel Ms. Kalyani Krishna B appears on behalf of R3 to R8 through virtual mode.

This application has been filed seeking the following prayers:-

1. Direct Respondents to produce the original versions of the below mentioned documents numbering i - viii before this Hon'ble Tribunal i. Notice of EGM dated 16/10/2023 (Annexure B1(b) - Page No 19-20 of Reply to CP by R1- R2).

ii. Board meeting Minutes dated 16/10/2023 (Annexure B1(a) - Page No

17-18 of Reply to CP by R1-R2).

iii. Explanatory Statement dated 16/10/2023 (Annexure B1(b) - Page No

21 of Reply to CP annexed by R1-R2), iv. EGM Resolution dated 14/11/2023 (Annexure 3 - Page No 71 of Rejoinder in CP annexed by Petitioners).

v EGM minutes dated 14/11/2023 (Annexure B1(c) - Page no 22 of Reply to CP annexed by R1-R2).

vi. DIR2 dated 16/11/2023 (Annexure 4- Page no 72-73 of Rejoinder in CP annexed by Petitioners).

vii. Board meeting minutes dated 05/09/2023 (Annexure B1(j) - Page No

28-30 of Sur- Rejoinder in CP annexed by R1-R2).

viii. Board meeting minutes dated 16/08/2006 (ANNEXURE-1 to this Application - Page No 41-43 of this Interlocutory Application).

2. Pass an order to send the disputed records mentioned above under V(1)(i-

viii) for the opinion of Central Forensic Science Laboratory as per Rule 43(3)

of NCLT Rules at the cost of the Applicants to determine the validity and authenticity of this fabricated statutory records.

In this case parties are directed to produce all the documents as sought for and file a compliance memo to that effect within two weeks.

With the above directions, this application is allowed and disposed of.

IA(C/ACT)/135/KOB/2024 in CP(C/ACT)/28/KOB/2023 Learned Authorised Representative, Ms. Sreepriya Kalarikkal appears physically in court on behalf of the applicants. Learned Counsel Ms. Kalyani Krishna B appears on behalf of R1, R2 through virtual mode. Learned Counsel Mr. Sukumar Nainan Oommen appears on behalf of R3 and R4 through virtual mode.

The Counsel for the Respondent Company stated that they have carried out changes in the Directors of