2023 (4) TMI 1298

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.... Court I (herein after referred to as 'NCLT') in CP/283(MB)2022. 2. The order impugned is quoted herein below: "This Company Petition bearing No. CP/283(MB) of 2022 filed by the Applicant, namely, Harikiran Kaur Sawhney under Section 241 & 242 read with Section 59 of the Companies Act, 2013. Ld. Counsel, for the Applicant submits that Respondent Company is holding EOGM on 02.01.2023 at 12.00 p.m.. Counsel for the Applicant further invited attention of this Bench to Page 232 (Exhibit P-17) referred to the notice of the EOGM, in the said EOGM the Agenda of Item No. 1 is "removal of Ms. Harikiran Kaur Sawhney as Director of the Company". Ld. Counsel for the Applicant submits that the petitioner has diagnosed Cancer and is passing th....

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....s drawn our attention to the statement made in paragraph 1 at running page 45 i.e. part of the petition/application filed before the NCLT to persuade the court that the Respondent was Applicant before the NCLT and stated that she was having shareholding of approximately 40% equity shares in Imperial School & Study Centre Pvt. Ltd. whereas in the present case BITC Loan Services Pvt. Ltd. was the company who was arrayed as Respondent No. 1 before the NCLT. Accordingly, it has been argued that the Ld. NCLT has committed jurisdictional error in entertaining the petition and as such the NCLT was not having any authority to entertain the application and pass order for maintaining status quo. 5. The present appeal has been filed belatedly and as ....

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....ts that the date on which the Impugned Order dated December 23, 2022, was uploaded on the website of the NCLT has not been made known to the Applicant. However, the Applicant has made a bona fide computation of the limitation period by taking the date of uploading of the Impugned Order as December 23, 2022, itself. Whilst the Appellant was duly abiding by the directions of the Hon'ble NCLT, the Respondent herein, initiated contempt proceedings under of the Impugned Order, against the Applicants before the Hon'ble NCLT on frivolous grounds. 4. The Appellant is filing the instant Application seeking condonation of delay of _ days in filing the accompanying Appeal. The Applicant submits that the Respondent maliciously and fraudulentl....