Rukmani Motors Pvt. Ltd. & Anr vs Sanjay Baheti & Anr

Rukmani Motors Pvt. Ltd. & Anr. ...Appellants Versus Sanjay Baheti & Anr. ...Respondents Present:

For Appellant: Mr. Manoj Munshi, Advocate. For Respondent: Mr. Vijes Atri, Advocate. ORDER

22.10.2019 Learned counsel for the Appellants submits that the Appellants

/ Petitioners have raised the question of maintainability of the petition under

Sections 241 and 242 of the Companies Act, 2013 preferred by Mr. Sanjay Baheti

and others (Petitioners / Respondents herein).

Though the aforesaid facts have been brought to the notice of the National

Company Law Tribunal, Ahmedabad Bench ("Tribunal" for short) but without

deciding the same, the interim orders dated 26th July, 2019 has been passed and

has been continuing as the matter could not be taken up.

Mr. Vijes Atri, learned counsel appearing on behalf of the

Respondents/Petitioners submits that the Respondents have 25.84%

shareholding in the Company, and for the said reason, the interim order of stay

was passed by the Tribunal before deciding the issue of maintainability.

In the facts and circumstances, we are not inclined to interfere with the

impugned order dated 26th July 2019 and remit the case to the Tribunal to decide the question of maintainability as raised by the Appellants/Respondents

preferably within two months.

The appeal stands disposed of with aforesaid observations and

directions.

[Justice S.J. Mukhopadhaya] Chairperson

[Justice A.I.S. Cheema] Member (Judicial)

[Kanthi Narahari] Member (Technical) R N/sk /

//2//Company Appeal (AT) No. 269-270 of 2019