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2018 (1) TMI 431

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..... rs are speaking for themselves and it is apparent that the Appellants were not permitted amendments or impleadments for reasons recorded and no fault can be found with these orders. In such petition of 2006 which is being dragged even after a decade, such lack of promptness as referred above cannot be entertained. Appellants is trying to show that Responders were responsible for the delay in the matter and according to him, the Respondents attending the matter at times causing delay and when the matter reaches crucial stage, suddenly, the Respondents appear and seek time on various counts. It is stated by him that because of this, the Company Petition is being delayed. If the Respondents are resorting to any delaying tactics, it would .....

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..... ongly removed and because of this the petition of oppression and mismanagement was filed. It is stated that the Company Law Board at Delhi had passed order for status quo regarding immovable property but the Respondents went ahead and the title of the property was transferred to outsiders and the company increased its shareholding by issuing shares without notice to the Appellants rendering them to minority. The Appellants raised this dispute as oppression and mismanagement in the petition which was filed. The learned Counsel submits that earlier the Appellants had filed C.A. No. 131/2007 for certain amendments to incorporate developments which took place after filing of the Company Petition. The application was earlier fully allowed but la .....

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..... h earlier than 2010, then this type of situation would have never been arisen. Further petitioner also failed to show any valid reason for filing application in such a belated stage, when all the information are available in M.C.A. portal. Under such circumstances, I find no reason to entertain such petition filed in such a belated stage. Hence, the same is dismissed. (Emphasis supplied) 4. In the other order in I.A. No. 190/2017, the learned NCLT referred to the prayers made by the Appellants and the amendments which they were seeking and the parties they wanted to join and made following observations: Heard the petitioner at length and perused the record and the document annexed therein. The C.P. is filed sometime in 2 .....

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..... lated stage. (Emphasis supplied) 5. In the I.A. No. 277/2017, the learned NCLT adopted the reasons record by it while disposing I.A. No. 189/2007 and rejected the application. While dealing with IA No. 276/2017, learned NCLT referred to the prayer which was made by the Appellants in concerned IA. (copy of which is at page 472 in the Paper Book) and observed as under: It is very strange to see that the petitioner is attempting to direct the Bench to pass the order in I.A. 190/2017 as per his own convenient and whims, which is against the judicial norms. This type of application is not only bad in the eye of law, but is also grave abuse of process of law. Hence, the instant application is dismissed with a cost of ₹ 5 .....

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