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Jayanand Salgaokar v. Sumangal Press Pvt. Ltd.& Ors.
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT) No. 159 of 2021
IN THE MATTER OF:
Jayanand Salgaonkar ....Appellant Vs.
Sumangal Press Pvt. Ltd. & Ors. ....Respondents
For Appellant: Mr. Gaurav Goel, Advocate Mr. Yatin Shah, Advocate
Mr. Vivek Malik, Advocate
For Respondent: Mr. Amruta Thakur, Mr. Rahul Chitnis, Mr. Shyam Kapadia, Mr. Aditya A. Pande, Mr. Manavendra Kane, Advocates for R-1, Caveator.
ORDER
(Virtual Mode) 14.12.2021: The Appellant-Jayanand Salgaokar has preferred this Appeal being aggrieved and dissatisfied by the Order dated 28.09.2021 in CA. 173 of 2021 in TCP 85/2012 passed by National Company Law Tribunal, Mumbai Bench, Court-II which read as under:
"CA173/2021:-Counsel, Mr. Ankit Lohia appeared for the Applicant. Counsel, Mr. Rahul Chitnis appeared for the Respondent No. 1 and 3. Counsel, Mr. Shyam Kapadia appeared for the Respondent No. 2 and 4. In the above named the Applicant seeking order to restrain the Respondents by an injunction from holding the EOGM scheduled on 26th June, 2021, appearing Directors and / or altering the present Board of Directors of the Respondent No. 1 in any manner and altering/ amending/ modifying the articles of the association of the Respondent No. 1. The application was heard by the Bench. Applicant pressed for restoration of status -quo anti directed vide order dated 30.06.2021, along with prayers for taking compilation of documents on records and fix a preemptory date for hearing of the petition. At this juncture it is not appropriate to grant status-quo anti order/restoration of status-quo anti for that matter. Therefore, the prayers of the applicants are acceded to
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Company Appeal (AT) No. 159 of 2021 the extent of fixing the matter for early hearing and for placing the compilation of documents on record before the date fixed for hearing.
With the above observation CA 173/2021 is disposed of. Registry is directed to take compilation on record. List the matter on 01.11.2021."
2. Learned Counsel for the Appellant while referring to Page 50 of the Appeal Paper Book which is "Notice of Extra Ordinary General Meeting' (EOGM in short) dated 15thJune, 2021 wherein Notice is given that an EOGM of the Members of Sumangal Press Private Limited will be held on Saturday, the 26Thday of June 2021 at 11.30 am through Video Conference and submits that as per the provisions of Companies Act, 2013, a notice for EOGM has to be given at least 21 days before the meeting and this fact has not been considered by the Ld. Adjudicating Authority while passing the Impugned Order.
3. From the perusal of the Impugned Order, it appears that the matter is still pending for adjudication before National Company Law Tribunal, Mumbai Bench, Court-II.
4. In view of all the aforenoted facts, we do not see any reason to interfere in the Impugned Order and the Appeal deserves to be dismissed. Accordingly, the Appeal is dismissed. No order as to costs.
[Justice Anant Bijay Singh] Member (Judicial)
[Ms. Shreesha Merla] Member (Technical)
Basant/Kam.
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