2017 (8) TMI 1716

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....CAL) For the Appellant : Shri Ansad Randeria, Shri A. Nair, Advocates For the Respondent : Shri Rajnish Sinha and Shri Nikhil Jam, Advocates ORDER This appeal has been preferred by the appellant (petitioner) against the order dated lath March, 2017 passed by the National Company Law Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as the ribunal) in I.A.No 11/2016 The afor....

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....espondent No. 2 and 3 is allowed. The company petition No. 69 of 2016 (New Number TP-136 of 2016) stand dismissed. In view of dismissal of TP 136/2016, Ms' 20 and IA 21/2017 are closed." 2. Learned counsel appearing on behalf of the appellant submitted that the combined application under Section 59 along with Sections 397 and 398 was maintainable, per contra, according to the learned counse....

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....t maintainable, the Tribunal was not required to decide the merit of the claim under Section 59 of the Companies Act, 2013, which is required to be decided on different criteria. As the petition was not maintainable before the Tribunal, it was not open to the Tribunal to give any finding with regard to the merit of the claim under Section 59 of the Companies Act, 2013. 5. For the reasons afores....