NATIONAL COMPANY LAW TRIBUNAL
Anjum Karmali (now Anjum Khandelwal) – Appellant
Versus
AHMED A FAZELBHOY PRIVATE LIMITED – Respondent
COMP.APPL - 63/2023
NATIONAL COMPANY LAW TRIBUNAL COURT-V, MUMBAI BENCH IN THE MATTER OF Yasmin Mohomedali Karmali … Petitioner Vs Ahmed A Fazelbhoy Private Limited … Respondent U/s 59, 242(4), 241 (2) & 246 of the Companies Act, 2013 Order Delivered on 07.04.2026 CORAM:
SH. NILESH SHARMA SH. CHARANJEET SINGH GULATI MEMBER (J) MEMBER (T)
Appearance through VC/Physical/Hybrid Mode:
For the Applicant: Aliff Fazelbhoy a/w Diya Gabija and Prachi Raval i/b ALMT Legal (VC)
For the Respondent: Adv. Ashish Pyasi a/w. Adv. Anshu Rathore, Adv.
Yashwin Daga i/b. Aendri Lega, R-3 (VC)
_____________________________________________________________________
ORDER CA/63/2023- The above CA is listed for pronouncement of order. The same is pronounced in open Court, vide a separate order.
Sd/- Sd/-
CHARANJEET SINGH GULATI NILESH SHARMA Member (Technical) Member (Judicial)
//Avdhesh (PS)//
NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH – COURT - V C.A./ 63 (MB) / 2023 IN C.P. / 268 (MB) / 2021 Under Section 242(2) of the Companies Act, 2013 read with Rule 11 of NCLT Rules, 2016.
Mrs. Anjum Karmali (Khandelwal)
2nd Floor, Noor Ville, West Field Estate, 63- FF, Bhulabhai Desai Road, Mumbai –
400026.
Email: goodhousepvt@gmail.com … Applicant IN THE MATTER OF:
Mrs. Anjum Karmali (Khandelwal)
(Legal Heir of the Original Petitioner substituted vide order dated 22.12.2023)
2nd Floor, Noor Ville, West Field Estate, 63- FF, Bhulabhai Desai Road, Mumbai –
400026.
Email: goodhousepvt@gmail.com … Petitioner Versus
1. Ahmed A Fazelbhoy Private Limited
2nd Floor, Liberty Building, 41, Vitthaldas Thackerey Marg, Marine Lines, Fort, 400018.
Email: sunstarconfection@gmail.com
2. Mr. Afzal Haji Mitha Ground Floor, Noor Ville, West Field Estate, 63-FF, Bhulabhai Desai Road, Mumbai –
400026.
3. Mrs. Zeba Rajesh Kohli Kohli House, Shantaram Narayan Lane, Walkeshwar Desai Road, Mumbai –
400006.
Email: zebakohli@gmail.com
4. Mr. Zamin Afzal Mitha
1st Floor, Noor Ville, West Field Estate, 63- FF, Bhulabhai Desai Road, Mumbai –
400026.
Email: zmitha@gmail.com
5. Sunstar Confection and Trading Private Limited Sunville, 9, Dr. A B Roard, Worli, Mumbai – 400018.
Email: sunstarconfection@gmail.com … Respondents Order Pronounced On: 07.04.2026 Coram:
Shri Nilesh Sharma, Hon’ble Member (Judicial)
Shri Charanjeet Singh Gulati, Hon’ble Member (Technical)
Appearances:
For the Petitioner: Adv. Diya Gabija a/w Adv. Prachi Raval i/b ALMT Legal (VC)
For the Respondent: Adv. Gauraj Shah a/w Adv. Priyanka Sinha a/w Adv.
Zalak Mody-R1 & R2 (PH)
Adv. Ashish Pyasi a/w Adv. Anshu Rathore-R3 (PH)
ORDER
1. The Original Petitioner, Late Mrs. Yasmin Karmali had filed the captioned Petition under Section 59, 241, 242 and 246 of the Companies Act, 2013. The Original Petitioner died on 18.08.2022. The present Applicant, being the daughter of the Original Petitioner, has been substituted in place of the Original Petitioner vide order dated 22.12.2023 passed in CA No. 507 of 2023. The Applicant has filed the present Application under Section 242(2) of the Companies Act, 2013, read with Rule 11 of the NCLT Rules, 2016, seeking following reliefs:
a. Applicant be permitted to inspect the register of members as required to be maintained under section 88 of the Companies Act, 2013 (u/s 150 and 151 of Companies Act, 1956, u/s 31 of Companies Act, 1913) and allow inspection u/s 94 and 171 of the Companies Act, 2013.
b. Respondent No. 2 be directed to provide copies/inspection to the Applicant of original share certificates held by Respondent No. 2 to verify the present shareholding pattern of Respondent No. 1 Company.
c. All the parties holding shares in Respondent No. 1 Company be directed to tender all their original share certificates to this Hon’ble Tribunal for facilitating due process and settlement.
d. This Hon’ble Bench appoint a Commissioner to verify the shareholding of Respondent No. 1 Company.
e. To direct Respondent Nos. 2 and 3 to serve a monthly statement of accounts, including monthly trial balance of accounts along with details of receipts and payments of Re
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