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2025 Supreme(Online)(NCLT) 5190

NATIONAL COMPANY LAW TRIBUNAL
MANNI SANKARIAH SHANMUGA SUNDARAM, ATUL CHATURVEDI, JJ
MOHIT GUPTA – Appellant
Versus
M.G. BUILDMART PVT. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Gaurav H. Sethi, Mr. Rahul Kapoor
For the Respondents: Mr. Abhishek Anand, Ms. Kanika Singhal

ORDER

PER: MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL)

1. The present Petition has been filed by Mr. Mohit Gupta (“Petitioner”) under sections 241 and 242 of the Companies Act, 2013 against the oppressive and illegal acts of the Respondents No. 2 and 3 seeking the following reliefs:

A. To pass an appropriate order under Sections 241 and 242 of the Companies Act, 2013 , to bring an end to the acts of prejudice, oppression and mismanagement perpetrated by Respondent Nos. 2 and 3 and direct Respondent Nos. 2 and 3 to cease all actions, and future actions, that are or are likely to be prejudicial to the interests of the Respondent No 1 and the Petitioner;

B. To declare all actions, decisions, resolutions passed by the Respondent No. 1 company, contrary to the Articles of Association and the Companies Act, 2013 , in respect to the increase in authorised share capital from Rs. 1,00,000/- to Rs 5,00,000/- in the FY 2022-23 as illegal and as such null and void.

C. To declare all actions, decisions, resolutions passed by the Respondent No. 1 company, contrary to the Articles of Association and the Companies Act, 2013 , in respect to the allotment of 212 shares of Respondent No.1 com

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