The New Akot Cotton Ginning & Pressing ... vs Shri Shyam Haribhau Sapkal & Ors

(Arising out of Order dated 20th July, 2018 passed by the National Company Law Tribunal, Mumbai Bench, Mumbai in IA Nos. 14,15,16,19,20,21, 22,23,24 and 25 of 2017 in TCP No. 50/397-398/NCLT/MB/MAH/2016).

Company Appeal(AT) No. 342 of 2018

IN THE MATTER OF:

The New Akot Cotton Ginning and ...Appellants Pressing Company Limited & Others

Vs

Shri Shyam Haribhau Sapkal & Ors. ....Respondents

Present:

For Appellants: Mr. Hrishikesh Chitaley, Mr. K.V. Balakrishnan, Mr. S.M. Sundaram and Mr. Vijay Kari Singh, Advocates.

For Respondents: Mr. Aayush Aggarwal, Advocate for Respondent No. 1

Mr. Abhishek Aggarwal, Advocate for Respondent No. 2

Mr. Ashutosh Gupta, Advocate for Respondent Nos. 1 to 61

Mr. Anand Mishra, Advocate for Respondent No. 62.

Judgement

Sudhansu Jyoti Mukhopadhaya, J:

Shri Shyam Haribhau Sapkal and 60 others- Respondents (hereinafter

referred to as Petitioners) filed a petition under Sections 397,398,399,402, 403

and 406 of the Companies Act, 1956 alleging oppression and mismanagement

CA(AT) No. 342 of 2018 Page 1 of 3 against The New Akot Cotton Ginning & Pressing Company Ltd and 6 others-

Appellants (hereinafter referred to as Respondents). The petition was filed on 23rd

March, 2016 before erstwhile Company Law Board.

2. On constitution of National Company Law Tribunal, the matter was

transferred to National Company Law Tribunal, Mumbai Bench, Mumbai

(hereinafter referred to as 'Tribunal') whereinafter 10 Interlocutory Applications

were moved by Kashinath Chingalal Lahariya and 9 others on 10th March, 2017

for their impleadment as party to the said petition.

3. The Tribunal taking into consideration the fact that the case is pending

since 2016 and Interlocutory Applications were filed for impleadment after one

year i.e., on 10th March, 2017 and that the Intervenors are necessary parties,

refused to allow Intervention Applications. However, Advocate Mr. Rishi Sood,

legal representatives of these Applicants was appointed as Amicus Curie in

dispensation of the main Petition by impugned order dated 20th July, 2018. The

Appellants- The New Akot Cotton Ginning & Pressing Company Ltd and others

who were Respondents before the Tribunal, have filed this appeal challenging

engagement of Mr. Rishi Sood, Advocate legal representatives of the Applicants

as Amicus Curie to assist the Tribunal.

4. Learned Counsel appearing on behalf of Appellants submits that Mr. Rishi

Sood, Advocate being legal representatives of the Applicants and since

Applications were not entertained, should not have been engaged as Amicus

Curie. It is further submitted that Mr. Rishi Sood, Advocate, being lawyer from

Delhi whereas a lawyer from Mumbai should have been appointed as Amicus

Curie.

CA(AT) No. 342 of 2018 Page 2 of 3

5. However, such submission cannot be accepted as it is open to the Court

to appoint any lawyer or individual as Amicus Curie for assistance of the

Court/Tribunal.

6. For the reasons aforesaid, no relief can be granted. The appeal is

dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial) New Delhi

30th January, 2019

Akc

CA(AT) No. 342 of 2018 Page 3 of 3