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2022 (9) TMI 1218 - AT - Companies LawOppression and Mismanagement - requisite shareholding to maintain the Petition, present or not - waiver of the shareholding requirements mentioned in Section 244 (1) (a) of the Companies Act, 2013 - Section 241 and 242 of the Companies Act, 2013 - seeking withdrawal of second waiver application - HELD THAT:- Admittedly, before passing of the impugned order, an opportunity of Hearing was given to the Appellants. In this connection, a cursory perusal of the ingredients of Rule 111 (1) of the NCLT Rules, 2016, Filing of objections by Respondent, Form and Consequences, unerringly points out that the Respondent, if so directed, shall file Objections or Counter within the time allowed by the Tribunal. In effect, the Tribunal has an inherent power while exercising its discretion not to direct the Respondent to file a Counter / Reply / Response in regard to the First Waiver Application, as opined by this Tribunal. In the case on hand, under Section 241 of the Companies Act, 2013, there are no pending Proceedings before the Tribunal. Therefore, this Tribunal, safely, securely and in a cocksure fashion holds that the Appellant(s) cannot seek the aid / invocation of Rule 82 of the NCLT Rules, 2016. There is no negation of the principles of natural justice, in as much as the impugned order was to allow a filing of Fresh Petition, as per the ingredients of Section 244 of the Companies Act, 2013, pertaining to the affairs of the Appellant’ (in Comp. App (AT) (CH) No. 54 of 2021) / ₹ 1st Respondent(Ambadi Investments Limited). It cannot be brushed aside that at the time of passing the impugned order, the First Waiver Application Viz. CP/29/CHE/2021 was pending and the Petition (filed under Section 241 of the Companies Act, 2013) was not to be numbered, till the time the Tribunal, permitted the CP/29/CHE/2021 (the First Waiver Application, under Section 244 of the Companies Act, 2013) - It cannot be gainsaid that the Prospective Company Petition of the Respondent Nos. 1 and 2 filed with the First Waiver Application (CP/29/CHE/2021) in the eye of Law, cannot be construed to be a Petition filed under Section 241 of the Companies Act, 2013 / or under the NCLT Rules, 2016, because of the Rule 29 of the NCLT Rules, 2016, which categorically enjoins that on admission of Appeal or Petition or Caveat Application, the same shall be numbered and registered in the appropriate Register maintained in this behalf and its number shall be entered therein. There is no gain saying of the pivotal fact that Law does not coerce / force any Litigant to pursue the Litigation. In fact, in a Civil Suit / Civil Proceeding, a Plaintiff/ Petitioner is a Dominus Litis. This Tribunal considering the divergent contentions advanced on either side, keeping in mind the facts and circumstances of the present case and also on going through the impugned order dated 29.09.2021 in MA(Comp. Act)/79/CHE/2021 in CP/29/CHE/2021, comes to a consequent conclusion that the views arrived at by the National Company Law Tribunal, Division Bench-I, Chennai, in permitting the Withdrawal of CP/29/CHE/2021 (First Waiver Application) on its file, dismissing the same as Withdrawn and taking the CP/95/CHE/2021 (Second Waiver Application) on its file, to take up the objections, if any, in relation to the Second Waiver Application at an appropriate stage, etc. are free from any legal flaws. Appeal dismissed.
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