MUMBAI BENCH-I IA 1179 of 2020 IN CP / 2996/ (MB)/ 2019 Under Section 140(5) of Companies Act, 2013.

Mr. Dattatray Maruti Khune …Applicant Vs.

Union of India Through Ministry of Corporate Affairs … Respondent no1.

Netwealth Agrotech India Limited … Respondent no 2.

In the matter of Company Petition No. 2996 of 2019, Under Section 140(5) of Companies Act, 2013.

Union of India Through Ministry of Corporate Affairs …Petitioner Vs.

Mr. Dattatray Maruti Khune & Ors.

… Respondent Order pronounced on 12.01.2026 Coram :

Shri. Prabhat Kumar Shri Sushil Mahadeorao Kochey Hon’ble Member (Technical) Hon’ble Member (Judicial)

Appearances:

For the Applicants : Adv. G. Aniruth Purusothaman For the Respondent 1 : Adv. Kunal Kanungo

ORDER

1. This Interlocutory application filed by Dattatray Maruti Khune (“Applicant”) for dismissal of company petition, challenging the maintainability of the company petition no. 2996 of 2019 filed by the Respondent no.1(Union of India, through Ministry of Corporate Affairs) u/s 140(5) of the Companies Act, 2013 and rule 11 & 32 of the NCLT Rules 2016. The Applicant has prayed for following :

a. Be pleased to dismiss the Company Petition No. 2996 of

2019 filed by the Respondent No