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2021 (12) TMI 158 - Tri - Companies LawSeeking dismissal of the company petition - refund of money siphoned - mismanagement and oppression into the affairs of the Respondent No. 1 Company - HELD THAT:- From a bare perusal of the said company petition, it will be evident that the allegations raised in the Company Petition are since 2009 to 2019 despite the fact that the first round of litigation was filed by the petitioners were instituted in 2011 before the Learned Company Law Board, Kolkata Bench at Kolkata., inter alia, alleging mismanagement and oppression against the identical respondents. The said company petition was registered as C.P. No. 992 of 2011 - From a bare perusal of the said Company Petition being C.P. No. 992 of 2011, the allegations raised in paragraph VII to XII at pages 111 to 113, XVI-XX at pages 115 and 117, Para XXVI at page 120 and para XXXI at page 123 are the identical allegations raised in the company petition being C. P. No. 10 of 2021 and the same will be evident from a bare perusal of page no. 43 to 48 of the main Company Petition. The petitioners, during pendency of the civil appeal, had filed an application against the administrator before the Hon’ble NCLAT raising frivolous allegation, however, the Hon'ble NCLAT had refused to entertain such application in view of the fact that the civil appeal is pending before the Hon’ble Supreme Court of India - The civil appeal is pending since 2019, notices were issued after admitting the said appeal by the Hon'ble Supreme Court. In the said civil appeal, identical issues are pending adjudication which have been prayed for before this Hon’ble Tribunal. In the present case, the issues, which are being agitated in the present company petition, are from 2009 till 2019 and during the entire period, the previous company petition being C.P. No. 992 of 2011 was pending before this Hon’ble tribunal till March 8, 2018 and before the Hon'ble NCLAT till May 28, 2019 and the allegations, which are now being raised, would have been raised in the earlier company petition, however, the petitioners have chosen not to agitate the same. In view of such omission, the petitioners are barred from raising such issues by filing the present company petition, that too during the pendency of the civil appeal arising out of the earlier company petition. The present Company Petition being C.P. No. 10 of 2021 is an abuse of process of law, forum shopping and is liable to and should be dismissed with exemplary costs.
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