IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH, BENGALURU

[Through Physical hearing/VC Mode (Hybrid)]

Supplementary List

ITEM No.01

C.P No. 123/BB/2023 IN THE MATTER OF:

Mr. Anuraj Ennai and others … Petitioner

Vs

M/s. Mobiotic IT Solutions Pvt. Ltd. And others …

Respondents

Order under Section 241-242 of Companies Act, 2013

Order delivered on: 08.08.2025

CORAM:

SHRI. SUNIL KUMAR AGGARWAL

HON’BLE MEMBER (JUDICIAL)

SHRI. RADHAKRISHNA SREEPADA

HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Applicant : Ms. Sushma

ORDER

1. Heard the Learned Counsel for the Applicant.

2. C.A is partly allowed by separate order. There has been inadvertent

delay in rendering order which is regretted

3. List the main C.P on 30.09.2025.

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RADHAKRISHNA SREEPADA SUNIL KUMAR AGGARWAL

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

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IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH [Application U/s. 241 and 242 read with Section 244 of Companies Act, 2013 and Rule 11 of the NCLT Rules, 2016] In the decided matter of:

Mr. Anuraj Ennai & Ors ...Applicants Versus Mobiotics IT Solution Private Limited & Others ...Respondents Order delivered on: 08.08.2025 Coram: Hon’ble Shri Sunil Kumar Aggarwal, Member (Judicial)

Hon’ble Shri Radhakrishna Sreepada, Member (Technical)

O R D E R

1. The present Company Application No. 124 of 2023 has been filed by Petitioners Mr. Anuraj Ennai and Ors. under Section 241 & 242, r/w Section 244 of the Companies Act, 2013 and Rule 11 of the NCLT Rules, 2016 seeking following interim reliefs in the context of alleged acts of oppression and mismanagement in the affairs of the Respondent No.1 Company – Mobiotics IT Solution Pvt. Ltd a) To direct the Respondent No.2 and 3, their respective servants, agents and assigns to make a full, free and complete disclosures to the Applicant and/or their representatives and/or nominees, of the customer contracts, bank accounts, records, books papers, and vouchers of Respondent Company with regard to the affairs of Respondent Company, the financing availed of by Respondent Company, the utilization of funds;

b) To restrain the Respondent No.2 and 3 from creating encumbrances over or alienating the assets of the Respondent No.1;

c) Ex-parte interim and ad-interim reliefs in terms of prayer clause (a) and (b)

d) To pass any order(s) or further order(s) as this Hon’ble Tribunal may deem fit in the interest of justice

2. By order dated 13.09.2024, this Tribunal had partly allowed the instant Application by directing Respondents No. 2 and 3 to make full disclosure as sought in prayer (a), while deferring consideration of other prayers. However, the said interim order was challenged by the Respondent No.1 before Hon’ble National Company Law Appellate Tribunal, Chennai (“NCLAT”) in Company Appeal (AT) (CH) No. 18/2025 and the Hon’ble NCLAT vide order dated 19.03.2025 set aside the order dated 13.09.2024 of this Adjudicating Authority and remitted the CA No.124/BB/2023 back to the Adjudicating Authority, to reconsider the instant application on its merits, after considering the rival contentions, particularly in the context of the objection raised and the implication of Section 94 of the Companies Act, 2013 on the prayers sought by the Applicant.

3. The present order is being passed after considering the pleadings and submissions of both parties.

4. The Applicants have made following submissions:

i. That they as minority shareholders in respondent No. 1, are aggrieved by the continuous acts of oppression and mismanagement by Respondent Nos. 2 and 3, who have conducted the affairs of Respondent Company in a manner prejudicial to the interests of the Petitioners and the Company.

ii. S ince the Applicant’s resignation from Directorship of respon dent no. 1 on

13.07.2022, the Company has suffered financial deterioration owing to decisions taken by Respondents No. 2 and 3, including borrowings exceeding permissible thresholds, incurring of avoidable liabilities, and drawing excessive remuneration.

iii. The Applicants alleged diversion of funds, in