IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH [Through Physical hearing/VC Mode (Hybrid)]

ITEM No.6 C. P. No.98/BB/2023 IN THE MATTER OF:

M/s. Zeeshan Ali Khan & Another … Petitioner Vs.

M/s. Sha’S Airborne Travels Pvt. Ltd & Ors. … Respondent Petition under Section 59 of CA, 2013 Order delivered on: 11.02.2026 CORAM:

SHRI SUNIL KUMAR AGGARWAL HON’BLE MEMBER (JUDICIAL)

SHRI RADHAKRISHNA SREEPADA HON’BLE MEMBER (TECHNICAL)

COUNSEL PRESENT:

For the Petitioner : Shri Naman G Joshi, PCS For the R-2 : Appeared For the R-3 : Shri Mohd. Taher Shaikh

ORDER

C.P.No.98/BB/2023 is allowed vide separate order. File be consigned to record room.

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RADHAKRISHNA SREEPADA SUNIL KUMAR AGGARWAL MEMBER (TECHNICAL) MEMBER (JUDICIAL)

PS IN THE NATIONAL COMPANY LAW TRIBUNAL BENGALURU BENCH, BENGALURU [Through Physical hearing/ VC Mode (Hybrid)]

C.P. No. 98/BB/2023 Application under Section 59 of the Companies Act, 2013 IN THE MATTER OF:

MR. ZEESHAN ALI KHAN Orchid Habenaria, No.76/5, 3^rd Floor, Coles Road, Frazer Town, Bangalore - 560005 …Petitioner 1 MS. SHAHIDA BANU No.61/1, Coles Road, Frazer Town, Bangalore North, Bangalore - 560005 …Petitioner 2 Versus M/s. SHA’S AIRBORNE TRAVELS PRIVATE LIMITED Registered office at: No.68/1, Concord Plaza, Coles Road, Frazertown, Bangalore - 560005 …Respondent No.1 MR. MOHAMMED SHAKIR No.3, 2^nd Cross, KGN Layout, Near BHEL Layout, B.G.Road, Bangalore - 560041 …Respondent No.2 M/s. RAMESH ASHWIN & KARANTH No.37/E, 2^nd Floor, Beside Surana College, South End Road, Near South End Circe, Basavanagudi, Bangalore - 560004 …Respondent No.3 REGISTRAR OF COMPANIES, BANGALORE ‘E’ Wing, 2^nd Floor, Kendriya Sadana, Kormangala, Bangalore - 560034 …Respondent No.4 Order delivered on: 11.02.26 Coram Shri Sunil Kumar Aggarwal, Hon’ble Member (Judicial)

Shri Radhakrishna Sreepada, Hon’ble Member (Technical)

Counsels Present For the Petitioner : Shri Naman G Joshi, PCS For the R-2 : Shri Saif Ahmed Khan For the R-3 : Shri Mohammed Taher Shaikh

O R D E R

Per RADHAKRISHNA SREEPADA, Member (Technical)

1. The Company Petition has been filed on 01.08.2023 with following prayers:

a. To treat increase in authorized capital as act of ultra vires and allotted shares on such increased capital as void-ab-initio.

b. Consider and treat allotment of 59,500 equity shares made on 31.03.2021 illegal and void-ab-initio and allow R1 for rectification of register of members by removing name of R2 c. Direct R1 to refund the amount received of Rs.

5,95,000/- for illegal allotment of 59,500 equity shares made on 31.03.2021.

d. To direct R4 to treat allotment as void-ab-initio and restore the capital structure of the company to prior to fraudulent allotment of shares.

e. To pass such order as it may think deem fit.

2. Facts of the case & Submissions of the Petitioner

1. M/s. Sha’s Airborne Travels Private Limited a company incorporated on 06.06.2008 by Pl and P2 under the provisions of Companies Act, 1956 bearing CIN No. U63040KA2008PTC046669 and having registered office at No. 68/1, Concord Plaza, Coles Road Frazertown, Bangalore 560005, copy of certificate of incorporation and master data is enclosed.

2. As per the latest available audited financials of company the present capital structure of R1 consist of authorized capital of INR 25,00,000/- (2,50,000 equity shares of Rs. 10/- each) and paid- up capital of INR 23,95,000/- (2,39, 500 equity shares of Rs. 10/- each). Copy of the audited financial statements as on 31.03.2022 is enclosed.

3. Pl and P2 is director and promoter of company who is handling administration and overall business of company and is husband of P2

4. The shareholding pattern of the company consists as below mentioned:

Shareholding pattern pre void-ab-initio allotment shares to R2 Shareholding pattern post void-ab-initio allotment shares to R2 Copy of the extracts of the register of members is enclosed.

5. The present composition of board of directors of the company is as follows:

6. P1 and P2 were busy obtaining necessary licenses and approval