IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI SINGLE PRINCIPAL BENCH ITEM No.102 IN THE MATTER OF:

Smt. Shobha Ajit Kirloskar … Applicant/Petitioner Vs Ghatge Patil Industries Limited … Respondent Order under Rule 16(d) of NCLT Rules, 2016.

Order delivered on 09.01.2026 CORAM:

JUSTICE RAMALINGAM SUDHAKAR HON’BLE PRESIDENT HYBRID HEARING (PHYSICAL & VC)

PRESENT:

For the Applicant : Mr. Shawn Fernandes, Adv.

For the Respondent : Mr. P. Nagesh, Sr. Adv., Mr. Himanshu Satija, Mr.

Pranav Saigal, Mr. Anshul Rao, Advs.

ORDER

1. The present transfer application has been filed by Smt.

Shobha Ajit Kirloskar under Rule 16 (d) of the National Company Law Tribunal Rules, 2016, seeking transfer of the Company Petition bearing C.P. No. 353 (MB) 2021, which was filed and pending for hearing before Court-5, NCLT Mumbai, to Court-1, NCLT Mumbai. The prayer in the transfer application reads as follows:

“A. Allow the present application;

B. Direct transfer of C.P. No. 353 (MB) 2021 along with all pending applications from the Hon'ble National Company Law Tribunal, Mumbai Bench - V to Hon'ble National Company Law Tribunal, Mumbai Bench- I;

C. Direct tagging of C.P. No. 353 (MB) 2021 along with all pending applications with C.P. No. 116 (MB) 2025;

D. Direct registry to take requisite steps w.r.t. transfer of C.P. No. 353 (MB) 2021 along with all pending applications from the Hon'ble National Company Law Tribunal, Mumbai Bench - V to Hon'ble National Company Law Tribunal, Mumbai Bench - I and tagging with C.P. No. 116 (MB) 2025;

E. Pass any other or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case. ”

2. The brief facts of the case resulting in the filing of the present application are as follows: That the applicant, Mr. Nitin Jaykumar Patil, Mr. Kiran Jaykumar Patil (Respondent No. 2), Ms. Nutan Pradhan are siblings of the Patil Family and that the siblings have holdings in Ghatge Patil Automobiles Private Limited ("GPAPL") and in Ghatge Patil Industries Limited ("GPIL"). It is stated that a dispute arose between the siblings as regards to gifting of shares of the deceased parents. The applicant therefore filed Company Petition No. 353 (MB) 2021 ("CP/353/(MB)/2021"), which is listed before NCLT, Mumbai Bench - V, against the refusal of registering the shares of GPIL held by Late Vijaya Jaykumar Patil transferred to the Applicant.

3. Further, another company petition came to be filed in June

2025 by Ms. Nutan Pradhan, numbered as Company Petition No. 116 (MB) 2025, against the directors and shareholders of GPAPL, alleging purported oppression and mismanagement and various other reliefs. It is submitted by the applicant that the dispute is within the Siblings of the Patil Family in both the Company Petitions in respect of gifting of shares, therefore since the Mumbai Bench I is already seized of CP/116/(MB)/2025 and various other petitions pertaining to GPIL, therefore the ("CP/353/(MB)/2021") be transferred before the same bench. Notice in the present transfer application was issued on 22.08.2025.

4. Heard Ld. Counsel Mr. Shawn Fernandes appearing on behalf of the Applicant and Ld. Sr. Counsel Mr. P. Nagesh appearing on behalf of the Respondent.

5. The Controversy in the present matter is captured more succinctly in Annexure R-1 of the reply dated 11.10.2025, which is extracted below:

6. A perusal of the above, which is not in dispute by either side, makes it clear that the present transfer applicant i.e. Smt. Shobha Ajit Kirloskar, basis the Will dated 12.09.2013 & Gift Deed dated 10.10.2014, has sought certain reliefs under Sections 58 & 59 of the Companies Act, 2013 by way of a petition numbered as CP No. 353 (MB) of 2021 which is pending before Court-5, NCLT Mumbai. This right is sought in relation Respondent Company namely M/s. Ghatge Patil Industries Limited.

7. On the contrary, the other petition i.e. CP No. 116 (MB) of

2025 presently pending before the Court-1, NCLT Mumbai has been filed by one Ms. N