Mr. Deepak Kumar Agarwal Erstwhile ... vs M/S Sixth Sense Inc Through Partner Mr. ...

IN THE MATTER OF: Deepak Kumar Agarwal, Erstwhile RP Chuo Senko ...Appellant Advertising India Pvt. Ltd.

Versus

Sixth Sense Inc, Through Partner Manish Modi & ...Respondents Anr..

Present: For Appellant : Adv. Govind Bhardwaj. For Respondents : Mr. Manoj Kumar, Adv. Surekha Yadav, Adv. Abhishek Sharma, Adv. Deepak Sharma, Adv. Avinash Khandolkar, Adv. Saba Shaikh, Advocates for R2. Mr. Saral Sharma, Advocates

ORDER

(Hybrid Mode)

04.02.2026 This Appeal is against an impugned order dated 31.01.2024

passed by the Learned NCLT Mumbai in I.A. No. 2335/2021 in CP (IB) No.

2336/(MB)/2018 whereby a direction was given to the Appellant herein to

produce the evidence of expenses incurred by him which has not been ratified

by the COC. The impugned order further says the evidence has not been placed

for rendition of services for payment of his remuneration. It is submitted by the

Ld. Counsel for the appellant he had filed an affidavit dated 11.11.2024 before

the Learned NCLT qua rendition of his services and the said affidavit as also

the evidence filed thereto has not been considered by the Learned NCLT.

2. The impugned order does not speak about the said affidavit, hence, it

would be appropriate to set aside the said impugned order and to remand the

matter to the Learned NCLT, requesting the Ld. NCLT to look into the evidence

of the services rendered, so filed by the Appellant before the Learned NCLT and then to take a fresh view qua his pending fee, if any. This would, however, not

curtail right to raise objections/contentions by the Respondents before the

Learned NCLT. Appeal stands disposed of. Pending Applications I.A. No. 2424,

2423, 2422 & 2175 of 2024 are also disposed of.

[Justice Yogesh Khanna] Member (Judicial)

[Ajai Das Mehrotra] Member (Technical)

MT/RR