2026 (5) TMI 72

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....been earlier the plaintiff in C.P No.53/2012 (T.P. No.37/2016) Prof. D. Aravindakshan v. M/s. Agastya Biopharm India Limited & Others. In the said proceedings as drawn by the Appellant before the Ld. NCLT, Bengaluru Bench, he had sought for the following relief, which has been dealt in the judgment of 07.06.2019, as given in para 1 of the said judgment, which is extracted hereunder: - 1. C.P. No. 53 of 2012 (T.P. No. 37 of 2016) is filed by Prof. D. Arvindakshan (Petitioner), u/s. 235, 237, 397, 398, 402 and 403 of Companies Act, 1956 before then CLB against M/s. Agastya Biopharm India Limited and its Directors (Respondents), by inter alia seeking to declare that the Resolutions passed for the removal of the Petitioner as the Chair....

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....etition for same cause of action by instituting the same on 14.07.2014, praying for the following reliefs: - 1. To declare the resolution passed for removal of the Plaintiff from the post of Chairman and Managing Director of the Company at the Board Meeting held on 12-04-2012 as per Annexure - F and the communication issued thereafter i.e., Annexure G, as null and void; 2. To permit the Plaintiff to be signatory in operating the bank accounts of the Company as the Chairman and Managing Director of the company 3. To declare the Plaintiff as the Chairman and Managing Director of the Company, Agastya Biopharma India Ltd. i.e., Defendant No.1 4. To direct the Defendant. No.7 to restore the Plaintiff's. na....

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....ple of res judicata because withdrawal in itself will not amount to be an adjudication of the judgment of this Appellate Tribunal on merits. Hence, he submits that since the civil appeal was dismissed as withdrawn by the Hon'ble Apex Court, it will always be open for the Appellant to reagitate the cause for its fresh adjudication because the earlier judgment of the Appellate Tribunal has not attained finality since the civil appeal by the Hon'ble Apex Court has not been decided on merits. 7. This argument of the Appellant-in-person cannot be appreciated by this Appellate Tribunal for the reason being that the Appellant himself was the master of his proceeding before the Hon'ble Apex Court when he has preferred the civil appea....