ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON 05.06.2026 THROUGH VIDEO CONFERENCING

CORAM: HON’BLE SHRI. SANJIV JAIN, MEMBER (JUDICIAL)

HON’BLE SHRI. VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

APPLICATION NUMBER :

PETITION NUMBER : CP/519/2019

NAME OF THE PETITIONER(S) : Suresh Thekkedath Padmanabhan

NAME OF THE RESPONDENT(S) : Cargo International India Pvt. Ltd. & 4 Others

UNDER SECTION : Sec 241/242 of CA 2013

ORDER

Present: Shri. Saai Sudharsan, Ld. Counsel for the Petitioner.

Shri. Niranjan S Rao, Ld. Counsel for R2 & R3.

Ms. Saranya, Ld. Counsel for R4 & R5.

Vide separate order pronounced in the Open Court, the petition is dismissed.

File be consigned to records.

Sd/- [VENKATARAMAN SUBRAMANIAM] MEMBER (TECHNICAL)      Sd/- [SANJIV JAIN] MEMBER (JUDICIAL)

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IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH - I, CHENNAI

CP(CA)/519(CHE)/2019

(Filed under Section 166, 241, 242, 246 and 340 of the Companies Act, 2013)

In the matter of M/s. Cargo International (India) Private Limited

SURESH THEKKEDATH PADMANABHAN

S/o Mr. Padmanabhan Nair

165 TYTHE Barn Lane Shirley

Solihull B90lPF GB

United Kingdom

… Applicant

-Versus-

1. CARGO INTERNATIONAL (INDIA) PRIVATE LIMITED

having registered office at Capital Towers,

No. G-3/l, G-3/2 & G-2 Door No. l80,

Kodambakkam High Road,

Nungambakkam,

Chennai - 600034

2. SRINIVASAN RAMKUMAR

S/ o Late Thangappa Nadar Srinivasan

339, Vakkil Street, Kovilpatti,

Thoothukoodi – 628 501

3. VARATHARAJA PRASAD

S/o. Subramanian Varatharajan

29 – 14, Thirumalai Enclave, 1st Floor F3

Mariamman Kovil Street,

Kalaignar Karunanidhi Nagar

Chennai – 600 078

4. M/s. AEROTRANS GLOBAL FORWARDING (I) PVT LTD

Having registered office at

No.58D, 8th Cross Street,

Pattaravakkam, Sidco Industrial Estate,

Ambattur, Chennai TN 600098

5. M/S. CARGOMAX LOGISTICS LLP

Having registered office at

No.58D, 8th Cross Street,

Pattaravakkam, Sidco Industrial Estate,

Ambattur, Chennai TN 600098

… Respondent

For Petitioner : Mr. R. Venkatavaradhan, Advocate

For Respondent : Mr. T.K. Bhaskar, Advocate for R2 & R3

Mr. H. Karthik Seshadri, Advocate for R4 & R5

CORAM:

SANJIV JAIN, MEMBER (JUDICIAL)

VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

Order Pronounced on 5th June, 2026

O R D E R

(Heard through Hybrid mode)

CP(CA)/519(CHE)/2019 is a Company Petition filed by the Petitioner as against the Respondents seeking reliefs as follows;

(i) Declare that the actions of the 2nd and 3rd Respondent were oppressive to the interest of the Petitioner in his capacity as a Shareholder and the 1st Respondent Company.

(ii) To order 4th and 5th Respondents to be brought in as a 100% Subsidiary of the 1st Respondent Company by transferring the shares held by the shareholders of 4th and 5th Respondent and to this petitioner.

(iii) To return the salary paid to the 2nd and 3rd Respondent by the 1st Respondent Company for the last 5 years for loss of business and profits and pay such damages as may be just and equitable to compensate the loss suffered by the 1st Respondent Company.

(iv) To repay the loan taken by the 3rd Respondent along with interest and to direct the respondents to repay the money siphoned off from the 1st Respondent Company along with penal interest.

(v) To direct the Respondents to bring back the assets and Property of the Company to Cargo International (India) Private limited either physically or through any other mode as directed by National Company Law Tribunal.

3. Before adverting to the rival factual contentions and submissions advanced by the parties, it is necessary to record that during the course of final hearing on 27.02.2026, the Learned Counsel appearing for the Petitioner fairly submitted that the Petitioner is not pressing relief Nos. (ii), (iii), (iv) and (v) extracted supra. The above submission has also been specifically recorded by Respondent Nos.2 and 3 in their written submissions filed vide S.R. No.1838 dated 27.04.2026 before this Tribunal. However, considering the nature of allegations raised in the plead