DIVISION BENCH ITEM NO.210 NATIONAL COMPANY LAW TRIBUNAL

ALLAHABAD BENCH

PRAYAGRAJ

CA No.29/2023, CA No.30/2023, CA No.40/2023, CA No.44/2023, CA No.47/2023, CA No.48/2023, CA No.52/2023, CA No.58/2023,

CA No.04/2024 & IVN. P No.01/2024, CA No.06/2024 IN CP

No.64/ALD/2023

CORAM:

1. SHRI PRAVEEN GUPTA,

HON’BLE MEMBER (JUDICIAL)

2. SHRI ASHISH VERMA,

HON’BLE MEMBER (TECHNICAL)

Attendance-Cum-Order Sheet of the Hearing.

Date of Order: 05^th February, 2024

NAME OF THE COMPANY MAHENDRA MOHAN GUPTA & ORS.

V/S DEVENDRA MOHAN GUPTA & ORS.

UNDER SECTION 241/242 & 244 OF COMPANIES ACT, 2013

COUNSEL APPEARED THROUGH PHYSICAL/ VIRTUAL HEARING:

Sh. Punit Bali, Sr. Adv. Assisted by : For the Petitioner in main CP and Mr. Rajat Jariwal, Sh. Abhishek Applicant in CA No.29/2023, CA Iyer, Ms. Rohini Musa, Ms. No.30/2023, CA No. 40/2023, CA Nastassia Khurana, Mr. Varad Nath, No.44/2023, CA No.48/2023, CA Ms. Shatakshi Tripathi, Mr. Vipul No.58/2023 & Res. in CA No.47/2023, CA

Joshi & Ms. Aayushi Khurana, No.52/2023

Advs.

Dr. U.K. Chaudhary, Sr. Adv. : For the Applicants in CA No.52/2023 &

assisted by Sh. Vishal Gehrana & Respondent No.2 & 5 in main CP

Ms. Megha Dugar, Advs.

Sh. Aditya Sondhi, Sr. Adv. Assisted : For the Applicant in IVN. P No.01/2024

by Sh. Ashutosh Mishra, Adv.

Sh. Kapil Sibal, with Sh. S.N. : For the Respondent No.4 in CA Mookherjee, Sr. Advs. Assisted by No.52/2023 & Applicant in CA No.47/2023

Ms. Rupali Samuel, Ms. Aakanksha in & Respondent No.19 in main CP

Bhola, Sh. Shubrojyoti Mookherjee, Sh. Shubham Aggarwal, Ms. Yamini Mookherjee, Ms. Kirti

Dhoke, Advs.

Dr. Abhishek Manu Singhvi, Sr. : For the Respondent Nos. 1 & 5 in main CP Adv. Assisted by Sh. Vishal & Applicant in CA No.31/2023 & Gehrana & Ms. Megha Mishra, Respondent in CA No. No. 29/2023, CA Advs. No.30/2023 Sh. Rahul Agarwal, Adv. : For the Respondent No.3 in main CP Sh. Yashonidhi Shukla, Sh. Vishal : For the Respondent No.4 in main CP Gehrana & Ms. Megha Dugar, Advs.

Ms. Ruby Singh Ahuja, Sh. Vishal : For the Respondent Nos.1 to 17 in main CP Gehrana, Ms. Hancy Maini, Ms. Tahira Karanjawala, Sh. Ashotosh P. Shukla, Ms. Megha Dugar, Ms. Meghna Mishra & Sh. Yashonidhi Shukla, Advs.

ORDER

CA No.04/2024

1. Ld. Sr. Counsels with their assisting counsels are present for their respective parties.

2. This application has been moved on behalf of the petitioner seeking to amend the captioned petition and include the submissions as have been detailed in para 3 and final reliefs as prayed for in para 4, to be part and parcel of the petition.

3. Ld. Counsels representing the non-applicant respondents state that there have been other applications as well, seeking amendments of the prayers made from time to time as was necessitated due to certain resolutions being passed by the board from time to time and therefore, the replies on behalf of the respondents have also been filed in those applications. There is therefore no necessity to file a separate reply, in the present application as well. The replies filed be also considered as part and parcel, of the reply to this application also.

4. It is also further stated by the Ld. Counsel representing the respondents in so far as the prayer per-se sought in application vide CA No.04/2024 for seeking amendment of the pleadings are concerned, the same is not being objected by them, however, the averments and the contents made in replies to the previous applications be also considered to be part and parcel of the record for the purpose of arguments of the main matter.

5. CA No.04/2024 stands allowed accordingly to the above extent.

IVN. P No.01/2024

1. At the outset the Ld. Counsel representing the applicant seeks to withdraw the present application. In view of the statement so made by the Ld. Counsel representing the applicant, the request is accepted and the intervention application 01/2024 is permitted to be withdrawn. Ordered accordingly.

CA No.06/2024

1. Ld. Counsel representing the applicant states at the outset, that he is not pressing the present application and it m