MUMBAI BENCH I IA No. 72/2025 In C.P No. 135 (MB) 2024 Interlocutory Application under Rule 11 of the NCLT Rules, 2016;

In the matter of Mack Star Marketing Private Ltd.

..... Applicant And in the matter of Emerald Realtors Private Ltd. & Anr.

….. Petitioners Versus Mack Star Marketing Pvt. Ltd. & Ors.

…. Respondents Order Pronounced on 24.03.2026 Coram :

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

Appearances :

For the Petitioner: Mr. Rohan Aggarwal, Nujtaba Ambekar, Advocates For the Applicant: Mr. Prateek S., Sr. Adv., Adv. Shashwat Raj

ORDER

1. This Interlocutory Application has been instituted by the Applicant, Mack Star Marketing Private Limited (hereinafter referred to as “the Applicant/ Respondent Company”) in Company Petition No. 135 of 2024. By way of the present Application, the Applicant has assailed the maintainability of the captioned Company Petition. The Applicant accordingly seeks the following reliefs:

a. That this Hon’ble Tribunal be pleased to allow the present Application and dismiss Company Petition No. 135 of 2024, filed under Sections 58 and 59 of the Companies Act, 2013, as being not maintainable in law;

b. That this Ho