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2021 (6) TMI 788 - NATIONAL COMPANY LAW TRIBUNAL , BENGALURU BENCHAppointment of an independent auditor/professional - conducting an audit/investigation into the affairs of the Respondent No. 1 company - Rule 11 r/w Rule 32 of NCLT, Rules 2016 - HELD THAT:- Since pleadings in the main CP are already in progress, ordering investigation as prayed for in these CAs would render the main CPs infructuous, at least to the extent of the allegations of misappropriation are concerned. This would not be in order. The issues raised in the present CAs cannot be ignored once having been brought to our notice. They are accompanied by specific details and evidences that need to be examined after giving due and fair opportunity to the Respondents - Also, since it seems to be a family dispute and about exercising influence/control over the business, and there are allegations and counter allegations, we are deprived of an objective view of the goings on in the company's day to day affairs. For example, allegations regarding issue of self cheques, unwarranted payments without any explanation for the same, delay in issue of cheques due to the Petitioner's interference etc are allegations that have to be checked on a real time basis, as resultant losses, if any, would be difficult to recover on a subsequent date. Interest of the company is paramount and if the company suffers, all Directors and stakeholders suffer. This cannot be permitted. Mr. K. Dushyantha Kumar, practicing Company Secretary is appointed - petition disposed off.
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