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Somdutt
S.No.1
IN THE NATIONAL COMPANY LAW TRIBUNAL
HYDERABAD BENCH – 1
ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON
21-02-2023 AT 10:30 AM
IA(CA) 55/ 2022 in Company Petition/51/2021
u/s. 241 of Companies Act, 2013
IN THE MATTER OF:
K.Mamatha & Another
…Petitioner
Vs
Sigma Online Ltd & 3 others
…Respondent
C O R A M:-
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)
SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)
O R D E R
IA (IBC) 55/2022
Orders pronounced. Recorded vide separate sheets. In the result, the application is
disposed of.
Sd/-
Sd/-
MEMBER (T)
MEMBER (J)
NATIONAL COMPANY LAW TRIBUNAL
HYDERABAD BENCH-I
IA No. 55/2022
In
CP No. 51/241/HDB/2021
Application filed under Rule 11 of the NCLT Rules, 2016
In the matter of M/s Sigma Online Limited
Filed by:-
1.
K. Mamatha
D/o G. Krishnaiah
R/o 1-B Rajooresidency
Street No.6, West Marredpally
Secunderabad
2.
J. Venugopal
S/o G. Krishnaiah
Represented by his power of Attorney Holder
K. Mamatha
R/o 1-B Rajooresidency
Street No.6, West Marredpally
Secunderabad
…Petitioners
AND
1.
M/s Sigma Online Limited
H.No. 5-9-12/C/3/1, 3C
3rd Floor Samrat Commercial Complex
Saifabad, Hyderabad
2.
Mr. J.V. Mohan
Flat No. 002A, Mudfort Apartment
211, Mudfort Road
Secunderabad – 500009
NCLT HYD BENCH-1
IA No. 55/2022
In
CP No. 51/241/HDB/2021
DOO: 21.02.2023
2
3.
Mr. Devarakonda Raju
H.No. 20-3-171, Vidyanagar
Near Geethanjalli High School
Ramagunda, Maredupaka
Karimnagar – 505209
4.
Mrs. G. Bharathi Devi
Flat No. 002A, Mudfort Apartment
211, Mudfort Road
Secunderabad – 500009
… Respondents
Date of Order: 21.02.2023
Coram:-
Dr. Venkata Ramakrishna Badarinath Nandula, Hon’ble Member Judicial
Shri Charan Singh, Hon’ble Member Technical
Appearance:-
For Applicant:
Shri M. Naga Deepak, Advocate
For Respondent: Shri Y. Suryanarayana, Advocate
PER BENCH
ORDER
1.
The instant Application is filed by the Petitioners in main CP No.
41/241/HDB/2020 seeking the following reliefs:-
(a)
Directions to Respondents No. 1, 2 & 4 to produce the original versions
of the Share Transfer Forms (2 in Nos) dated 30.03.2007, filed as
Annexure-2 to the counter filed by Respondent Nos. 1, 2 & 4 before this
Tribunal.
(b)
To send the share transfer forms dated 30.03.2007 to the State Forensic
Science Laboratory to determine the validity of the document.
NCLT HYD BENCH-1
IA No. 55/2022
In
CP No. 51/241/HDB/2021
DOO: 21.02.2023
3
(c)
Ordering cross examination of Respondent No.4 on the Affidavit dated
19.02.2022 filed by Respondent Nos. 1, 2, 4 as Annexure-3 to their
counter filed before this Tribunal.
(d)
Direct Respondent Nos. 2 & 4 to disclose the details of the movable and
immovable assets of Respondent No.1 Company on which charge was
created before the Registrar of Companies, Telangana.
2.
The gist germane to the application in brief is that:-
2.1
The main CP No. 51/241/HDB/2020 is filed by the Applicants herein to
bring forth various instances of oppression and mismanagement in the
affairs of the Respondent No.1 Company, the main allegation being that
their shares have been illegally transferred without a valid instrument of
transfer.
2.2
Respondent Nos. 1, 2 & 4 in their counter to the main Company Petition
had annexed two share transfer forms dated 30.03.2007 alleging transfer
of shares by the Petitioners to Respondent No.2. However, accordingly
to the Petitioners no such document have been executed by them and
accuse the Respondents for forging the said document. In such
circumstances, the Applicants are left with no other option but to urge the
Tribunal to direct the Respondents to produce the originals of the Share
Transfer Forms dated 30.03.2007 and wanted to send the same to th
