2019 (1) TMI 1915

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....lvency & Bankruptcy<br>THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FOR THE APPELLANT : BY ADVS. SRI.G.HARIKUMAR (GOPINATHAN NAIR), SHRI.AKHIL SURESH REJI K.JOSEPH, REJI ABRAHAM, JOSEPH ZACHARIAH, REBECCA MATHEW, FOR THE RESPONDENT : BY ADVS. MR.SHARATH NARAYAN NAMBIAR, CGC, SRI.GEORGE CHERIAN (SR.), SRI.PHILIP MATHEW, SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN JUDGMENT 1.This writ petition ....

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....f amounts with regard to the job works assigned to sub-contractors, a forensic audit had been authorised by the Directors of the Company and Exhibit P3 report has been placed before the Board. It is stated that the report had implicated certain employees of the company and two Directors thereof and this had led to a difference of opinion between the Directors. It is stated that out of nine Directo....

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....d challenging the resolution taken by the Board of Directors of the same is not maintainable before this Court. Detailed factual contentions are also raised by the parties. 5. The learned Senior Counsel appearing for the petitioners would contend that the writ petition was filed in the absence of the National Company Law Tribunal at Kochi. It is stated that notification dated 27.7.2018 had dive....

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.... the 2nd respondent company has also produced a copy of an order dated 31.10.2018, where the NCLT, Chennai Bench has considered a matter in respect of a company registered in Kerala, in the absence of sitting at NCLT, Kochi Bench. 8. In the above view of the matter, since what is agitated before me is admittedly a matter which is to be considered by NCLT, Kochi Bench and in view of the fact tha....