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2023 Supreme(Online)(NCLT) 2905

NATIONAL COMPANY LAW TRIBUNAL
Prabhat Kumar, Member (Technical), Kishore Vemulapalli, Member (Judicial)
Chaitra Gowdar Chidanand – Appellant
Versus
Get Simpl Technologies Private Limited & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Nausher Kohli, Ms. Sushmita Gandhi, Ms. Sanaya Patel
For the Respondents: Mr. Shyam Kapadia, Mr. Alok Vajpeyi, Mr. Amol Jhunjunwala, Mr. Rashmin Khandekar

ORDER

Per: Prabhat Kumar, Member (Technical)

1. The Applicant has filed this Miscellaneous Application under Section 8 of the Arbitration and Conciliation Act , 1996 “ Section 8 Application”). The Applicant is Respondent No. 5 in Company Petition No. 9 (MB) of 2022 (“Company Petition”). For the sake of clarity, the Applicant is referred as ‘Applicant’ as opposed to as “Respondent No. 5”, and the Petitioner in the Petition is referred to as ‘Petitioner’ hereinafter. All the parties are referred as the nomenclature assigned to them in the Company Petition.

1.1. The Petitioner filed the Company Petition before the Hon’ble National Company Law Tribunal, Mumbai Bench-IV, Inter alia, under Section 241 and 242 of the Companies Act , 2013 (“ Companies Act ”) alleging oppression and mismanagement in respect of the affairs of Get Simple Technologies Private Limited, i.e. Respondent No.1.

1.2. The Petitioner’s grievance relates to the restructuring of Respondent No. 1. The restructuring of Respondent No. 1 was done pursuant to a clause in the Shareholders’ Agreement dated 14 July 2017 (“SHA”), to which the Petitioner is a party. Therefore, this is contractual dispute arising out of/in relatio

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