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2020 (8) TMI 342 - HC - Companies LawOppression and Mismanagement - Offence of perjury - reduction in shareholding in the Company from 49% to 36% - mismanagement of the affairs of the Company - oppression to the minority shareholders - making false and contradictory averments in the Counter Affidavit filed by Respondent No.3 - Section 340 of Cr.PC - HELD THAT:- The allegations in the present petition, directly or indirectly touch upon the Minutes of the AGM of 30.09.2006, which is the subject matter of adjudication before NCLT. While Mr. Khosla urges that this petition can be independently decided as it relates to the alleged EGM and certain other issues raised therein, but on a holistic reading of the petition, this Court is of the opinion that any decision in the present petition will have a bearing on the genuineness of AGM dated 30.09.2006 and other aspects sub-judice before NCLT, as the controversies are intrinsically linked. It is apparent from the order passed by the Supreme Court in MR. VIKRAM BAKSHI & ORS. VERSUS MS. SONIA KHOSLA (DEAD) BY LRS. [2014 (5) TMI 749 - SUPREME COURT], which was a consent order, that the parties chartered a course of action for further litigation and the path chosen was to have the entire dispute decided before the then CLB (now NCLT). In fact, it was the Petitioner Group which had put forth before the Supreme Court that once the Company Petition is decided, the connected issues of the alleged illegalities in the various Board Meetings would be taken care of, including allegations qua AGM held on 30.09.2006 - It is not disputed by Mr. Khosla that the NCLT is even currently seized of the Petitions/ Applications, as referred to in the order of the Supreme Court, between the two Groups. Thus in the light of the order of the Supreme Court in MR. VIKRAM BAKSHI & ORS. VERSUS MS. SONIA KHOSLA (DEAD) BY LRS. [2014 (5) TMI 749 - SUPREME COURT], it is not proper for this Court to entertain the present Petition at this stage. Petitioner may approach the NCLT, in accordance with law, if so advised. In all probability once the proceedings pending before the NCLT end, the creases shall be ironed out with respect to the EGM also. Nonetheless, in case the issues raised herein still survive after the proceedings end before NCLT, it shall be open to the Petitioner to approach this Court, in accordance with law - Petition disposed off.
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