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2017 (12) TMI 1140 - AT - Companies LawFalse information through a fictitious AOC-4 and MGT-7 - Held that:- The Tribunal on hearing the parties, noticed that the Appellant/1st Petitioner Company is holding 50% of the shares in the 1st Respondent Company and shares were duly transferred. It further noticed the stand taken by the respondents that in terms and conditions of the Memorandum of Understanding between some of the appellants (Petitioners Nos. 2 and 3), the appellants (Petitioners Nos. 2 and 3) ceased to be the Directors. For the said reason, their appointment were not confirmed in the EOGM. Taking into consideration the aforesaid fact, the Tribunal refused to grant any interim relief in favour of the appellants/petitioners. Having heard the learned counsel for the appellants/petitioners, while we are not inclined to express any opinion with regard to the claim of the parties, including the appellants herein or the respondents, we are of the view that the original Company Petition should be decided expeditiously in the light of Section 422 of the Companies Act, 2013. In such case, the Tribunal will decide the case on merit after hearing the parties uninfluenced by the impugned order dated 14th September, 2017.
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