ORDER

Orders pronounced. Recorded vide separate sheets. In the result, “ having found that the case on hand involved contested facts and disputed questions, besides pendency of the civil suit OS 103/2013 filed by the petitioners to the rescind the MOU dated 05.09.2012, on the file of II Additional District Jude, Ranga Reddy District, and in the light the ruling of Hon’ble Supreme Court of India, in re, IFB Agro, supra, wherein it has been categorically held that the rectificatory jurisdiction of this Tribunal under Section 59 of the 2013 Act, is summary in nature and not intended to be exercised where there are contested facts and disputed questions, we are of the considered view that the present company petition under Section 111A of the 1956 Act, seeking declaration and other reliefs, is not maintainable before this Tribunal, hence the same is hereby dismissed as not maintainable. We leave it open to the parties to seek such a declaration before the appropriate forum.

IA ( CA ) 35/2023, IA No. 449/2018 & IA No. 340/2019

As the Company Petition is disposed of, these IAs stands disposed of

ORDER

This petition (as amended on 30.04.2019) is filed by the petitioners under section 111A