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2023 Supreme(Online)(NCAT) 1246

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice Rakesh Kumar Jain (Member(Judicial)) , Hon'ble Ms. Shreesha Merla (Member (Technical)) ,
Gireesh Kumar Sanghi – Appellant
Versus
Sanghi Industries Ltd – Respondent


    J U D G M E N T

Per: Justice Rakesh Kumar Jain:

    This order shall dispose of two appeals bearing CA (AT) (CH) No. 95

of 2023 filed by Mr. Gireesh Sanghi against the order dated 07.09.2023, passed by the National Company Law Tribunal, Hyderabad Bench – I (in short ‘the Tribunal’), by which CP/10/59/HDB/2018 filed under Section 59 of the Companies Act, 2013 (in short ‘the Act’) r/w Rule 11 of the NCLT Rules, 2016 (in short ‘Rules’) has been dismissed as not maintainable before the Tribunal (in short ‘first appeal’) and CA (AT) (CH) No. 96 of 2023 filed by Mr. Gireesh Sanghi (HUF) against the order dated 07.09.2023 passed by the National Company Law Tribunal, Hyderabad Bench – 1, by which CP/33/59/HDB/2018 filed under Section 59 of the Act r/w Rule 11 of the Rules has been dismissed as not maintainable before the Tribunal (in short ‘second appeal’).

2. In the first appeal, the application under Section 59 of the Act was filed seeking the following relief:-

    “a. Declare that 1,33,62,800 shares transferred on 18.12.2014 is in willful violation of Orders of Hon'ble

    Company Law Board, 23.10.2008 and 28.10.2009.

    b. Direct rectification of Register of Members of Respondent No. 1 Company to the exte

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