NATIONAL COMPANY LAW TRIBUNAL
Jayanta Kumar Mohapatra – Appellant
Versus
FUELCRAFT SOLUTIONS PRIVATE LIMITED – Respondent
COMP.APPL - 242/2025
Under Rule 11 r/w 32 of the National Company Law Tribunal Rules, 2016 JAYANTA KUMAR MOHAPATRA ...Applicant/Ori. Petitioner In the matter of COMPANY PETITION NO. 155 OF 2023 JAYANTA KUMAR MOHAPATRA …Petitioner V/s FUELCRAFT SOLUTIONS PVT. LTD. & ORS.
…Respondent Order delivered on: 12.01.2026 Coram Shri Prabhat Kumar Shri Sushil Mahadeorao Kochey Hon’ble Member (Technical) Hon’ble Member (Judicial)
COMPANY PETITION NO. 155 OF 2023 Appearances:
For the Applicant : None For the Respondent 2 and 3 : Adv. Viraj Parikh a/w Adv. Ayesha Shaikh For the Respondent 9 : Adv. Gaurav Shrawat a/w Adv. Tushar Khatri For the Respondent 10 and 13 : Adv. Yohaann Limathwalla a/w Adv.
Prathamesh Nirkhe
ORDER
1. The Company Application CA 242 of 2025 is filed on 13.8.2025 by Mr. Jayanta Kumar Mohapatra, the Petitioner in Company Petition CP 255 of 2023 filed on 28.6.2023, to amend the captioned Company Petition to bring to record certain facts additional facts (more particularly listed out in Schedule A to the present Application), most of which are stated have come to the knowledge of the Petitioner after the filing of the captioned Petition. The Applicant has made following prayers :
a. Allow the Petitioner to amend the captioned Company Petition being Company Petition No. 155 of 2023, and to carry out consequential changes, in terms of Schedule A and B annexed to the present Application;
b. For any such further orders as this Hon'ble Tribunal deems fit and proper;
2. The captioned Company Petition was filed by the Applicant herein under Sections 241 and 242 and other applicable provisions of the Companies Act, 2013, seeking appropriate orders and directions against the Respondents for the continuous acts of oppression and mismanagement being committed by them against the Petitioner in the affairs of M/s Fuelcraft Solutions Pvt. Ltd.
(“Respondent Company”).
COMPANY PETITION NO. 155 OF 2023
3. The Applicant is seeking to amend the pleadings in the petition to incorporate certain facts and events, which the applicant has already pleaded in his rejoinder dated 30.10.2023, requiring elaboration in the pleadings of the Petition and facts emerging from additional affidavit dated 17.02.2025 filed by the Respondent to place on record audited financial statements for the Financial Year 2022-23 to 2023-24 to the Petitioner pursuant to direction of this Tribunal. Petitioner. The Applicant has also sought to implead four new respondents, namely Prachi Ritesh Darbar, Dolly Ritesh Darbar, Sushma Ritesh Darbar and Tushar Singh, as Respondent No. 10 to 13 to the main Petition, on the ground that these four persons are new directors and shareholders of the Respondent Company consequent upon sale of Respondent No.2 to 4 & Respondent No. 8’s shareholding in the Respondent Company to them.
4. The Applicant submits that said additional facts have already been brought on record by the Applicant herein by way of various Affidavits dated 30.10.2023, 17.02.2025 filed by it in the captioned Petition, and the contesting Respondents have replied to the said Affidavits and dealt with the pleadings therein by way of various Affidavits in Reply dated 29.06.2023, 26.09.2023, 30.10.2023, 05.01.2024, 05.01.2024, 09.03.2025. It is also stated that the proposed Respondent Nos. 10, 11, 12 and 13 are nothing but proxies of Respondent Nos. 2 to 4 and 8, who have been inducted in the company as shareholders and/ or directors by the said Respondents, merely with the intent to make attempts to avoid adverse consequences of their fraudulent acts. Thus, the amendment sought by the Applicant is really a mere formal amendment in respect of addition of the facts already on record before this Tribunal.
5. Respondent no. 10 to 13, who are sought to be impleaded as Respondent in the main Petition have filed the reply stating that the Petitioner was compelled to file the Company Petition on account of the alleged acts of oppression and mismanagement purportedly committed by Respondent Nos.2 to 4, in their cap
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