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2021 (11) TMI 734 - AT - Insolvency and BankruptcyRemoval of directorship of the Petitioner - CONSISTENCY with the restriction provided under the Articles of Association or not - grant of interim stay of resolution passed in EOGM - implementation of the Resolutions passed in the board meetings - HELD THAT:- The instant Appeal is against the interim order dated 19.07.2021 passed by the National Company Law Tribunal, Mumbai Bench, Court-IV in CA-201/2021 in CP-193(MB)/2021 and the main petition is still to be heard on merit. We are restraining from expressing our views and while passing the impugned order has considered the provisions of Articles 25 and 26 of the Articles of Association and have committed no illegality. The plea raised by the Appellant in the memo of Appeal that the Article of Association of company cannot supersede the provisions of Companies Law and this Article was itself subject to the provisions of the Companies Act, 2013 is concerned, only can be decided while hearing the main petition i.e. CP-193(MB)/2021 is still pending before the Ld. National Company Law Tribunal, Mumbai Bench, Court-IV for hearing and adjudication. There is no illegality in the impugned order - Appeal dismissed.
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