COURT - IV C.P. No. 1631/MB/2019 [Application under Rule 11 of NCLT Rules, 2016.]

In the matter of:

Tirupati Sankalp Realtors Private Limited …Applicant In the matter of Tirupati Sankalp Realtors Private Limited …Petitioner V/s.

1. Ruhi Realty Private Limited

2. Sharan P. Khanna

3. Tapin S. Khanna

4. Sharan P Khanna HUF

5. Ghansham Pahlajani

6. Rama Pahiajani

7. Gilbert Investment Private Limited

8. Jaldhara Investment and Trading

9. Nitisha Avinash Chande …Respondents Pronounced: 23.02.2026 CORAM:

SHRI ANIL RAJ CHELLAN SHRI K. R. SAJI KUMAR HON’BLE MEMBER (TECHNICAL) HON’BLE MEMBER (JUDICIAL)

C.P. No. 1631/MB/2019 Appearances : Hybrid For Applicant : Adv. Shrey Fatcerpekar a/w Adv.

Pooja Bimal Mehta.

For Respondent Nos. 1 to 4 : Adv. Nausher Kohli a/w Adv. Raveena and R-7 to R-9)) Kinkhabwala, Adv. Vidyashree Peria i/b Kanga & Company.

For Respondent Nos. 5 & 6 : Adv. Ayush Rajani a/w Adv. Mitali Bhatt i/b AKR Legal

ORDER

Per: Anil Raj Chellan, Member (Technical)

1. The present Application has been filed by the Applicant (Original Petitioner)

seeking to amend the Company Petition C.P. No. 1631/MB/2019.

2. Brief facts of the case

2.1. The Company Petition is filed under Sections 241-242 of the Companies Act, 2013 (Act), by Mr. Rajesh Shah, the authorised signatory and Director of the Applicant Company, seeking redressal in the matter of alleged gross Oppression and Mismanagement in the affairs of the 1^st Respondent at the hands of the other Respondents.

2.2. The Applicant/Petitioner states that the Applicant owns and holds 1,000 equity shares of the face value of Rs. 10/- each of the 1^st Respondent, which constitutes 10 per cent of the issued, subscribed, and paid-up equity share capital of the 1^st Respondent. However, its shareholding is erroneously recorded as 500 shares only. Further, the Petitioner has never received any notice of any General Meeting of the 1^st Respondent, which is managed by the other Respondents.

C.P. No. 1631/MB/2019

2.3. The Petitioner, therefore, filed Company Petition No. 1631 of 2019 against Respondent Nos. 1 to 9 and claiming the following, amongst other Main Reliefs–

(a) That the 2^nd to 9^th Respondents, their respective servants, agents and assigns be ordered and directed to make a full, free and complete disclosure of all the records of 1^st Respondent to the Petitioner and/or its representatives, nominees and/or chartered accountants, of the records, books, papers and vouchers of 1^st Respondent with regard to its affairs, including inter alia:

(i) All Registers maintained by the company, (ii) Register of Members, (iii) Register of directors and key managerial personnel, (iv) Register of charges, (v) Register of Transfer of Shares records, (vi) Minute Books of Board Meetings and Annual General Body Meetings, (vii) Audited Balance Sheets with Auditors’ Report from 2009-10 to 2017- 18, (viii) Bank Statements from 2009 till date, (ix) Tally Back-up Data, (x) Attendance registers (i) Proxy register, (xii) Extracts of Board Resolution relating to the transfer of Shares, (xiii) Directors Register and their shareholdings, (xiv) Annual Report since Incorporation, (xv)

Annual Returns, (xvi) Unaudited Balance Sheet for 2018-19.

(b) That the Respondents be directed to rectify the records of the 1^st Respondent to reflect the correct shareholding of the Petitioner i.e., 10% of the total paid up share capital of the 1^st Respondent;

(c) That this Hon’ble Tribunal be pleased to direct that the Annual Returns filed on behalf of the 1^st Respondent which record the Petitioner’s shareholding incorrectly are null and void to that extent and carry out necessary corrections to the Annual Returns to reflect the correct shareholding position for public view including filing necessary application under section 131 of the Act;

C.P. No. 1631/MB/2019 (d) That consequentially this Hon’ble Tribunal be pleased to direct the Respondent to rectify the Annual Returns already filed or file fresh returns recording the Petitioner’s shareholding correctly;

(e) That