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2023 Supreme(Online)(NCLT) 2480

NATIONAL COMPANY LAW TRIBUNAL
ELITE TASTY TOAST PRIVATE LIMITED – Appellant
Versus
T R VRNUGOPAL – Respondent


Advocates:
For the Petitioner:ANIL D NAIR
For the Respondent:JOSEPH AND KURIYAN

ORDER

1. The applications I.A.No.32,33 and 34 of 2019 are filed by the respondents in main petitions under Rule of NCLT Rules 2016 with prayer to dismiss the main petitions C.P.No.69,71 72 of 2019 for non-obtaining of prior permission under Rule 23A of NCLT Rules 2016. I.A.No.54,55, 53 of 2023 are filed by the petitioners in main petitions under Rules 11,32 and 23A of NCLT Rules 2016 to grant post facto permission to file Joint petitions of C.P.No.69,71 72 of 2019 under Rule 23A of NCLT Rules 2016.

2. Brief contents of averment in Applications I.A.No.32,33, 34 of 2019 are as follows: The company petitions are filed under sections 213.241 242 of I.A. Nos. 33/KOB/2019  55/KOB/2023 In C.P.No.71/KOB/ 2019. I.A. Nos. 34/KOB/2019 53 /KOB/2023 In C.P.No.72/KOB/2019 the Companies Act 2013. The reliefs under section 213 and 241 of the companies Act 2013 cannot go together, since relief under section 213 is an investigative nature and reliefs under section 241 is curative in nature. The company petitions are also not maintainable since unconnected multiple prayers are joint together. The petitions are also barred by limitation. As per Rule 23A of the National Company Law Tribunal Rules 2016 pe

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