TaxTMI 
TaxTMI 
2024 (11) TMI 803
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..... 6986 of 2024: This is an application seeking exemption for filing dim and illegible copies of documents without proper margin and certified copies of the annexures. The application is allowed. 3. The present appeal is against an impugned order dated 05.09.2024 of National Company Law Tribunal, New Delhi (Court-VI). The brief facts of the case are that the Appellant-Pratap Singh Parmar and the Respondent Prabh Paul Parmar are brothers and are shareholders of equal strength and Directors in the company M/s ANP Atelier and Associates Company Pvt. Ltd. The differences between the two shareholders/directors are effecting the working of the company. 4. In the short-impugned order, the Ld. NCLT has stated as under: ORDER "Ld. Counsel on beh....
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....will be in the interest of the company that a 3rd Director is appointed to break the deadlock. The Learned Counsel for the Appellant drew our attention to para 25 of the judgment of this Tribunal in the case of Smt. Smruti Shreyans Shah Vs. The Lok Prakashan Limited, Company Appeal (AT) No. 25 of 2018 dated 05.09.2019 wherein it was held that if an independent conclusion is made as regards existence of a prima facie case in respect of deadlock entailing consequences like non-holding of meetings and non-filing of statutory compliances effecting the conduct of the affairs of company, this Appellate Tribunal can intervene. In the said judgment it was decided to appoint a retired Judge, who would constitute the single-member "Oversight and Supe....
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.... and Another reported in (2008) 6 SCC 750 and specifically to paragraphs 15 and 22 of the said judgment. 9. The Learned Counsel for the Respondent has submitted that the Respondent had attended the meeting held on 08.09.2024 but no progress was made on Agenda items due to bickering between the Directors. He stated that the Tribunal cannot appoint a director without giving finding regarding Oppression and Mismanagement. He relied upon the judgment of Ram Parshotam Mittal and Others Vs. Hotel Queen Road Private Limited and Others reported in (2019) 20 SCC 326 and specifically referred to para 69 of the said judgment. 10. We have considered the judgments cited by the Appellant and Respondent. Apparently, the company is not able to complete t....