S.No.7 IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH – 1 ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON

13-10-2023 AT 10:30 AM IA (CA) 158 & 193/2023 in CP No.135/241/HDB/2018 u/s. 241 of Companies Act, 2013 IN THE MATTER OF:

Dr. Srinivas Sunkavally …Petitioner VS Aarush Building Materials Pvt Ltd & (7) Others …Respondent C O R A M:-

DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)

SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)

O R D E R

IA (CA) 193/2023 In the light of the orders passed in IA.No.158/2023, this application is allowed, Orders in main Company Petition deferred till 07.11.2023.

IA (CA) 158/2023 Order Pronounced. The Application is allowed and we direct that Mr. Moningi Prabina Kumar, Partner at VNR Associates, be present before this Tribunal on 07.11.2023 for cross examination. Let the Registry communicate this Order to the witness. The Applicant shall bear the expenses of the Advocate Commissioner for attending before this Tribunal. With these directions application is allowed.

Sd/- Sd/-

MEMBER (T) MEMBER (J)

Sridher IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH-I, HYDERABAD IA.No. 158 of 2023 in CP.No.135/ 241/ HDB/ 2018 Under Rule 11, 39 & 43 of the National Company Law Tribunal Rules, 2016.

IN MATTER OF AARUSH BUILDING MATERIALS PRIVATE LIMITED BETWEEN Dr. Srinivas Sunkavally, S/o. Dr. Kesava Rao Sunkavally, Aged about 46 years, R/o. 119 N. Hunters Crossing Circle Spring, TX 77381, USA Represented by his GPA Holder Mr. Ramanand Namburi, S/o. Late Dr. Rangaiah Choudary Namburi, Aged about 55 years, R/o. Plot No.30, BN Reddy Colony, Road No.14, Banjara Hills – 500034.

... Petitioner AND M/s. Aarush Building Materials Private Limited and Ors.

... Respondents DATE OF ORDER: 13.10.2023 CORAM:

DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)

SHRI CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)

Parties / Couns els Present For the Petitioner : Shri D.Narendra Naik and Shri Ambati Varun, Counsels.

For Respondents : Shri S.Vikas Reddy, Counsel.

PER BENCH

ORDER

1. This present Application is filed by the Company Petitioner under Rule

11, 39 & 43 of the National Company Law Tribunal Rules, 2016 praying direction to summon the special/forensic auditor namely, Mr. Moningi Prabina Kumar, Partner at VNR Associates appointed by this Tribunal vide Order dated 13.07.2022 as a witness and depose on the findings discovered by him during his investigation into the accounts of Respondent No.1 Company, and also seeking direction to summon any other person and depose as a witness on questions of fact.

2. Gist of the Application:

2.1 It is averred that subsequent to the filing the Company Petition, this Tribunal upon hearing the Petitioner and the Respondents, was pleased to appoint a special/forensic auditor to conduct an investigation into the books of accounts of the Respondent No.1 Company as Respondents No.2 to 8 were involved in usurping/swindling funds of the Respondent No.1 for their personal benefit at the cost and expense of the Respondent No.1 Company and the Petitioner.

2.2 It is stated that this Tribunal vide its Order dated 13.07.2022 had appointed VNR Associates/Chartered Accountants for carrying out the special/ forensic audit and filing its report. It is stated that upon being approached by the special/ forensic auditor for verification regarding signatures of the Petitioner, the Petitioner was shocked to notice that the signatures placed on the receipt against his name were not his and the Petitioner had never signed such receipts.

2.3 It is stated that the Petitioner was handicapped and was unable to file the original receipts which evidence the fraudulent, deceptive and manipulative actions of the Respondents, the Petitioner filed an Interlocutory Application bearing IA.No. 158/2023 seeking leave of this Tribunal to summon and cross examine the special/ forensic auditor namely, Mr. Moningi Prabina Kumar, Partner at VNR Associates to bring to light the unlawful and illegal actions of the Re