M/S Annamalai Logistics & Ors vs Mr. Abdul Ali Shaik & Ors

(Hybrid Mode) 28.07.2026: This is a strange appeal against the order of Ld. NCLT,

Amaravati in Rule 63 Appeal/6/2026, where the appellant had moved the Ld.

NCLT under Rule 63 of the NCLT Rules, 2016, the plea that though the petition

he has taken up under Section 213 of the Companies Act before the registry of

Ld. NCLT has been cured of all the defects, he still has some problem in having

the petition numbered and being taken on record and that, if it is in order, the

registry may be directed to number the petition without raising multiple and

repeated objections, to meet the ends of justice and to let the preliminary inquiry

and adjudication start against the respondents.

Company Appeal (AT) (CH) No. 72/2026 Page 4 of 5

2. The Ld. NCLT, however, by passing the impugned order, has non-suited

the appellant even as to the maintainability of the petition under Section 213 of

the Companies Act on the ground that the same is an extraordinary remedy.

3. The learned counsel for the appellant submits that the Tribunal below has

not even heard the appellant on the issue of maintainability, which at any rate can

be taken up only after the petition is numbered.

4. We peruse the terse order of Ld. NCLT and find merit in the same.

Accordingly, we allow this appeal, set aside the order of the Ld. Tribunal and

remand the matter back to the Ld. Tribunal with the direction that the Ld. NCLT

may consider the plea of the appellant within the ambit of Rule 63 of the NCLT

Rules, 2016. Any issue as to the maintainability may be taken up by the Ld.

Tribunal thereafter, and after putting the appellant on notice.

[Justice N Seshasayee] Member (Judicial)

[Jatindranath Swain] Member (Technical)

SN/MS/AK

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