Mohindra Kumar Setia & Anr vs Satguru Buildwell Pvt Limited & Ors

Mohindra Kumar Setia & Anr. ....Appellants

Vs.

Satguru Buildwell Pvt. Ltd. & Ors. ....Respondents

Present: For Appellant:- Mr. Amol Vyas, Advocate. For Respondent:- Mr. Sagrika Joshi, Ms. Nivedita R. Sarda, Advocates.

ORDER

21.11.2022: The Appellants preferred the instant Appeal under Section

421 of the Companies Act, 2013 being aggrieved and dissatisfied by the order

dated 03.12.2020 passed by the National Company Law Tribunal (Jaipur Bench)

in IA No. 400/JPR/2019 in CP No. 146(ND)/2016 TA No. 23/2018 whereby and

whereunder the Application filed by the Respondent herein for extension of time

to conduct Annual General Meeting for the financial year ending 31.03.2019 was

allowed and the matter was directed to be listed on 21.01.2021.

2. The Ld. Counsel for the Appellants during the course of argument and in

his memo of appeal along with written submissions submitted that certified copy

of the Resolution which was filed with the RoC in Form GNL-1 by the

Respondent, which forms the basis of the impugned order is a forged and

fabricated documents as the said resolution was not on the agenda list nor the

same was discussed in the Board Meeting dated 01.09.2019 and no such

resolution was ever passed, therefore, the impugned order cannot be sustained -2-

in the eye of law, the impugned order is fit to be set aside. Further, he relied on

a judgment passed by the Hon'ble Supreme Court in the case of "A.V. Papayya

Sastry and Ors. Vs. Government of A.P. and Ors. reported in

MANU/SC/1214/2007" wherein paragraph 19 held as follows:

"19. Now, it is well settled principle of law that if any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law, before three centuries, Chief Justice Edward Coke proclaimed;

Fraud avoids all judicial acts, ecclesiastical or temporal.

It is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law. Such a judgment, decree or order by the first Court or by the final Court has to be treated as nullity by every Court, superior or inferior. It can be challenged in any Court, at any time, in appeal, revision, writ or even in collateral proceedings."

3. The Ld. Counsel for the Respondents during the course of argument and

in his memo of appeal along with written submissions submitted that the Annual

general Meeting which was held on 24.12.2020 pursuant to the directions of the

Tribunal, the Appellant have tendered the Annual General Meeting and report

of the Chairman of the meeting has been subsequently filed before the Tribunal

discrepancies were recorded during the meeting and no objections were raised

by the Appellants to the said report now they are realising that it is a forged and

fabricated document. He further submitted that the main application is still -3-

pending before the Tribunal and the next date of hearing is fixed in the month of

December, 2022.

4. After hearing the parties, the Impugned order dated 03.12.2020 passed by

the National Company Law Tribunal (Jaipur Bench) in IA No. 400/JPR/2019 in

CP No. 146(ND)/2016 TA No. 23/2018 is hereby set aside and the matter is

remitted back to the National Company Law Tribunal (Jaipur Bench) with a

request to hear the parties herein and pass appropriate orders at an early date

in view of the fact mentioned in para 12 of the impugned order, the Tribunal

discussed the issue regarding entire veracity of this fact cannot be verified

without rewinding back to the actual time and site of the meeting and any errors

or omissions in recording of minutes of the meeting cannot be ascertained in this

situation.

With these observations, the instant Appeal is disposed of.

5. Registry to upload the order on the website of this Appellate Tribunal and

send the copy of this order to the National Company Law Tribunal (Jaipur Bench)

forthwith.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

R.N./Kam./