Page 1 of 22
IN THE NATIONAL COMPANY LAW TRIBUNAL
COURT NO. V, MUMBAI BENCH
IA NO. 8 OF 2022
IN
CA(CAA)-8 (MB)/2021
In the matter of:
Catalyst Trusteeship Limited
Windsor, 6th Floor, Office No. 604, CST Road,
Kalina, Santacruz (East), Mumbai- 400098.
… Applicant
In the matter between:
Future Consumer Limited
… First Applicant Company/
the Transferor Company 1
Future Lifestyle Fashions Limited
… Second Applicant Company/
the Transferor Company 2
Future Market Networks Limited
… Third Applicant Company/
the Transferor Company 3
Future Retail Limited
… Fourth Applicant Company/
the Transferor Company 4
Future Supply Chain Solutions Limited
… Fifth Applicant Company/
the Transferor Company 5
Future Bazaar India Limited
… Sixth Applicant Company/
the Transferor Company 6
Acute Retail Infra Private Limited
… Seventh Applicant Company/
IA NO. 8 OF 2022
IN
CA(CAA)-8 (MB)/2021
Page 2 of 22
the Transferor Company 7
Basuti Sales and Trading Private Limited
… Eighth Applicant Company/
the Transferor Company 8
Brattle Foods Private Limited
… Ninth Applicant Company/
the Transferor Company 9
Chirag Operating Lease Co. Private Limited
… Tenth Applicant Company/
the Transferor Company 10
Hare Krishna Operating
… Eleventh Applicant Company/
the Transferor Company 11
Nice Textcot Trading & Agency Private Limited
… Twelfth Applicant Company/
the Transferor Company 12
Nishta Mall Management Company Limited
… Thirteenth Applicant Company/
the Transferor Company 13
Ojas Trade Lease and Mall Management Private
Limited
… Fourteenth Applicant Company/
the Transferor Company 14
Precision Realty Developers Private Limited
… Fifteenth Applicant Company/
the Transferor Company 15
Rivaaz Trade Ventures Private Limited
… Sixteenth Applicant Company/
the Transferor Company 16
Rivaaz Trade Ventures Private Limited
… Sixteenth Applicant Company/
the Transferor Company 16
IA NO. 8 OF 2022
IN
CA(CAA)-8 (MB)/2021
Page 3 of 22
Syntex Trading & Agency Private Limited
… Seventeenth Applicant Company/
the Transferor Company 17
Taquito Lease Operators Private Limited
… Eighteenth Applicant Company/
the Transferor Company 18
Unique Malls Private Limited
… Nineteenth Applicant Company/
the Transferor Company 19
Future Enterprises Limited
… Twentieth Applicant Company/
the Transferee Company
And
In the matter of Future Enterprises Limited (“FEL”)
and Reliance Retail Ventures Limited (“RRVL”) and
their respective shareholders and Creditors.
And
In the matter of Future Enterprises Limited (“FEL”)
and Reliance Retail and Fashion Lifestyle Limited
(“RRVL WOS”) and their respective shareholders
and Creditors.
Order Reserved on: 04.03.2022
Order Pronounced on: 20.04.2022
Coram:
Hon’ble Smt. Suchitra Kanuparthi, Member (Judicial)
Hon’ble Smt. Anuradha Sanjay Bhatia, Member (Technical)
(Appearances Via Video Conferencing):
For the Applicant
: Mr. V.R Dhond, Learned Senior Counsel
For the Intervenor/ Objector : Mr. Gaurav Joshi, Learned Senior Counsel
Per: Suchitra Kanuparthi, Member (Judicial)
IA NO. 8 OF 2022
IN
CA(CAA)-8 (MB)/2021
Page 4 of 22
ORDER
IA NO. 8 OF 2022 IN CA(CAA)-8 (MB)/2021
1. The Applicant is aggrieved by Future Lifestyle Fashions Limited (FLFL)
deliberate failure to reflect the applicant as a creditor of FLFL. The scheme
entities intend to avoid giving the statutory notice of the meeting convened
by the Court, to deprive the Applicant of its right to vote on the scheme.
Brief Facts:
2. The Applicant is a company incorporated in the year 1997 and is a
trusteeship company inter alia engaged in the business of providing a wide
spectrum of trusteeship service. Further, the Applicant is the Bond
Trustee of DB International (Asia) Limited, a Company that has
subscribed to 3500 redeemable, rated, listed, principal protected, secured,
non-convertible bonds (“bonds”) having face value of Rs. 10,00,000/-
(Rup