IN THE NATIONAL COMPANY LAW TRIBUNAL

AHMEDABAD

DIVISION BENCH

COURT - I

ITEM No.302

IA/27(AHM)2024 in CP/29(AHM)2021

Order under Rule 11 of NCLT Rules, 2016

IN THE MATTER OF:

Bhavna Sanjay Mistry ........Applicant

Vs

Jupiter Comtex Pvt ltd & Ors

........Respondents

Order delivered on 25/04/2024

Coram:

Mr. Shammi Khan, Hon’ble Member (J) Mr. Sameer Kakar, Hon,ble Member (T)

PRESENT:

For the Applicant : For the Respondent :

ORDER

The case is fixed for pronouncement of the order. The order is pronounced in

open Court, vide separate sheet.

-SD- -SD-

SAMEER KAKAR SHAMMI KHAN

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

SEN

BEFORE THE ADJUDICATING AUTHORITY NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH - I, AHMEDABAD [An application filed under Rule 11 of the National Company Law Tribunal Rules, 2016]

Bhavna Sanjay Mistry, Widow of Shri Sanjay Jayantilal Mistry, 21/A, Sardar Patel Society, B/h Swaminarayan Tower, Maninagar, Ahmedabad-380008 ….Applicant Versus

1. M/S Jupiter Comtex Private Limited, Plot No. 510, Phase-IV, GIDC-Vatva, Mehmedabad Road, Ahmedabad-382445

2. Gitesh Mistry, Director and Shareholder of Respondent No.1 Company)

Jupiter Comtex Private Limited, Plot No. 510, Phase-IV, GIDC-Vatva, Mehmedabad Road, Ahmedabad-382445

3. Jatin Mistry, (Director and Shareholder of Respondent No.1 Company)

Jupiter Comtex Private Limited, Plot No. 510, Phase-IV, GIDC-Vatva, Mehmedabad Road.

Ahmedabad-382445.

4. Rikesh Mistry, (Erstwhile Director and Shareholder of the Respondent No.

1 Company)

Jupiter Comtex Pvt. Ltd.

Plot No. 510, Phase-IV, GIDC, Vatva, Mehmedabad Road, Ahmedabad-382445.

5. Leena Jatin Mistry (Shareholder of the Respondent No. 1 Company)

Jupiter House, Near Ambli BRTS Bus Stop, Ambli Bopal Road, Ahmedabad-382463.

6. Saurin Mistry (Shareholder of the Respondent No. 1 Company)

6B, Sitabag Society Near Kalgi Appartments, Maninagar, Ahmedbad-380008.

7. Jupiter Machinery Private Limited, 4006/1, GIDC, Estate Phase 4, Nr. New Tech India, Vatva, Ahmedabad, Gujarat-382445.

8. Jupiter Developers

6B, Sitabag Society Near Kalgi Appartments, Maninagar, Ahmedbad-380008.

9. Jupiter Dyechem, Hariom Industrial Estate, Phase-IV, Vatva GIDC, Ahmedabad.

10. N.S.M.S. & Associates, Chartered Accounts, 191/1, New Cloth Market, Opp. Raiput Gate, Ahmedabad. 11. Registrar of Companies, RoC Bhavan, Opp. Rupal Park Society, Behind Ankur Bus Stop, Naranpura, Ahmedabad-380013.

….Respondents Order Pronounced On: 25.04.2024 CORAM:

SH. SHAMMI KHAN, MEMBER (JUDICIAL)

SH. SAMEER KAKAR, MEMBER (TECHNICAL)

Appearance:

For the Applicant : Ms. Prutha Bhavsar, Advocate for Ms.

Natasha D Shah, Advocate

O R D E R

[Per: Bench]

1. This is an application filed by Applicant under Rule 11 of the National Company Law Tribunal Rules, 2016 seeking the following reliefs:-

a. Allow the present application;

b. Appoint another IBBI Registered Valuer for conducting valuation of the shares of Respondent No. 1 Company;

c. Modify the order dated 11.03.2024 passed by this Hon’ble Tribunal by appointing another IBBI Registered Valuer for conducting valuation of the shares of Respondent No. 1 Company;

d. Such other and further reliefs as this Hon’ble Authority may deem fit in the interest of justice.

2. It is stated that this Tribunal vide its order dated

11.03.2024 passed in CP No. 29 of 2024 appointed M/s. Crest Valuation Servies Private Limited as the valuer for conducting the valuation of the shares of Respondent No.

1 company as on 31.03.2018 and as on 31.03.2023.

3. It is stated that pursuant to the order of this Tribunal dated 11.03.2024, the Applicant issued emails dated

19.03.2024 and 20.03.2024 to the said valuer. A copy of the said emails is annexed as Annexure-II.

4. It is stated that Applicant received an email on

28.03.2024 regarding the change in the appointment of the valuer from M/s. Crest Valuation Services Private Limited to M/s. Crest Capital Advisors Private Limited as due to unforeseen internal reasons, M /s. Crest Valuation Services Private Limited is not able to complete this assignment within the time framed. M/s. Cres