IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI

SINGLE PRINCIPAL BENCH

ITEM No. 206

TA (Co. Act)-04(PB)/2024

IN THE MATTER OF:

Tushar Kant Jindal … Applicant/Petitioner

Vs

Poonam Agrawal … Respondent

Order under Rule 16(d) of National Company Law Tribunal Rules, 2016.

Order delivered on 12.03.2024

CORAM:

JUSTICE RAMALINGAM SUDHAKAR

HON’BLE PRESIDENT

(HEARING THROUGH PHYSICAL MODE & VC)

PRESENT:

For the Applicant : Mr. P. Nagesh, Sr. Adv. Mr. Karan Malhotra, Mr.

Ayush Pratap Singh, Mr. Shauryaditya, Advs.

For the Respondent : Mr. Rohit Sharma, Mr. Jatin Lalwani, Mr. Nikhil

Purohit, Advs.Counsels for Respondent Nos. 2-8

ORDER

1. The Relief sought in the application is as follows:

“a) Pass and order directing the transfer of the captioned Company Petition bearing C.P. No. 198/ND/2023 titled as “Tushar Kant Jindal & Anr. vs. Kurinji Metals Private Limited & Ors.” from National Company Law Tribunal, New Delhi Bench – II to National Company Law Tribunal, New Delhi Bench – IV,

for it to be heard along with C.P No. 75/ND/2020;

b) Pass such other/further order(s)/ directions(s) which this Hon’ble Tribunal may deem fit and proper in the

facts and circumstances of the present case.”

2. Heard, Ld. Sr. Counsel Mr. P. Nagesh for the Applicant

appearing physically and Ld. Counsel Mr. Jatin Lalwani for the

Respondent/non-applicant appearing through VC.

3. There are 2 (two) Company petitions pending before the NCLT, New Delhi Bench. The one is C.P No. 75/ND/2020 in the matter of Poonam Agrawal vs Kurinji Metals Private Limited & others were filed in the year 2020 and are pending before Bench-IV of NCLT, New Delhi.

4. In October 2023 Mr. Tushar Kant Jindal and Madan Lal Jindal filed CP. No. 198/ND/2023 invoking the provision of Section 241-242 of the Companies Act, 2013 against 8 (eight) Respondents. The Respondent No. 1 (M/s Kurinji Metals Private Limited) is the Company and Respondent Nos. 2 to 8 are represented by Mr. Jatin Lalwani.

5. It is now pleaded in this transfer petition that parties in these petitions have a common interest in the proceedings and therefore, in the interest of justice, both matters should be heard by any particular Bench for effective adjudication.

6. While it is the plea of the Applicant that the case should be transferred from Bench-II to Bench-IV, the Respondent's counsel states that the case before Bench-IV namely C. P. No. 75/ND/2020 has traveled much, and therefore, the Bench-II case should be transferred to Bench-IV.

7. There is no serious objection by the applicant because the prayer also is to the same effect.

8. Accordingly, in the interest of justice, this Transfer Application is allowed for effective adjudication of CP. No. 198/ND/2023 and is transferred from Bench-II, NCLT, New Delhi to Bench- IV, NCLT New Delhi to be decided for hearing according to the discretion of the Court.

9. TA (Co. Act)-04(PB)/2024 is allowed in terms of the above.

New CA-55/2024 This is an application filed by the Applicant for seeking amendment of prayer, the same is taken on record.

CA-55/2024 stands disposed of -sd-

(RAMALINGAM SUDHAKAR)

PRESIDENT Dipak – 12.03.2024