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2020 Supreme(SC) 440

ARUN MISHRA, S.ABDUL NAZEER
ARUNA OSWAL – Appellant
Versus
PANKAJ OSWAL – Respondent


Advocates Appeared:
For the Appellant(s) :Bhakti Vardhan Singh, Aman Jha, R. C. Kohli, Swarupama Chaturvedi, Advocates
For the Respondent(s):Sidharth Sethi, Advocate

JUDGMENT

ARUN MISHRA, J.

1. These appeals have been preferred against the judgment and order dated 14.11.2019 passed by the National Company Law Appellate Tribunal, New Delhi, (for short ‘the NCLAT’) in Company Appeal (AT) No.411 of 2018, thereby affirming the order passed by the National Company Law Tribunal (for short ‘the NCLT’) concerning maintainability of the applications filed under sections 241 and 242 of the Companies Act, 2013 (hereinafter referred to as ‘the Act’).

2. The case is the outcome of a family tussle. Late Mr. Abhey Kumar Oswal, during his lifetime, held as many as 5,35,3,960 shares in M/s. Oswal Agro Mills Ltd., a listed company. He breathed his last on 29.3.2016 in Russia. On or about 18.6.2015, Mr. Abhey Kumar Oswal filed a nomination according to section 72 of the Act in favour of Mrs. Aruna Oswal, his wife. Two witnesses duly attested the nomination in the prescribed manner. As per the appellant, it was explicitly provided therein that: "This nomination shall supersede any prior nomination made by me/us and any testamentary document executed by me/us." The name of Mrs. Aruna Oswal, the appellant, was registered as a holder on 16.4.2016 as against the shares h

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