NATIONAL COMPANY LAW TRIBUNAL
Sh. Charanjeet Singh Gulati, Sh. Sushil Mahadeorao Kochey, JJ
Mittal Brothers Pvt Ltd – Appellant
Versus
Bhagirathi Megacity Development Private Limited – Respondent
| Table of Content |
|---|
| 1. filing of interim application for alleged oppression and mismanagement. (Para 1 , 5 , 8 , 16) |
| 2. arguments and counterarguments related to the claims of mismanagement. (Para 21 , 24 , 30) |
| 3. court's observations on jurisdiction and ongoing litigation. (Para 34 , 36 , 38) |
| 4. ratio decidendi emphasizing respect for ongoing civil proceedings. (Para 35 , 39) |
| 5. final decision dismissing the application. (Para 37 , 40) |
ORDER
1. The Present Interim Application has been filed by the Applicant under Section 242 (4) of the Companies Act, 2013 r/w Rule 11 of the NCLT Rules, 2016, for oppression and mismanagement of the affairs of Respondent No. 1 company by Respondent Nos. 2 to 4 Seeking the following reliefs: -
b) Direct Respondent Nos. 2 to 4 to disclose on oath all steps taken by them to sell, transfer, alienate, deal with, create third party interest or part with possession of the said Property, including but not limited to the documents I agreements executed by them after the execution of the purported Cancellation Deed dated 121 h March 2020 and all monies realized therefrom.
c) Pass an order of temporary injunction restraining Respondent Nos. 2 to 4 and/or their agents, se
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