9911796707
TMI Blog2020 (10) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... over control and access of the web site to the petitioner company; and c) Direct the respondent to abstain from obstructing smooth operations of the petitioner Company in any manner. 2. The learned counsel for the applicants submitted that the respondent, who was the then Managing Director of the Company was responsible for setting up the website and receiving client requests. The respondent abruptly abandoned his position as Managing Director of the petitioner company and walked out of the company on 15.01.2017 without any due notice to the company. From 15th January to end of February, 2017, the respondent has been forwarding enquiries that has been coming through the Company website but from March 1st, 2017 onwards the website has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gotiations with Akami by the end of June, 2020 at the latest. All concerned persons, including the lessee, are aware that the negotiating position of the company is very weak since without access to the website, the company cannot resume sustainable operations. 6. The learned counsel for the applicants further stated that in order to negotiate on the lease without significant weakness or resume operations of CCH in case the lease renewal discussion fails, it is crucial that the 1st applicant company has its website active, working and accessible. The company also has to consider the viability of operations keeping in mind the case of 4 of its senior residents who are still continuing to reside in the property. 7. The Respondent Dr. Essa M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arisen from the month of March 2017, however, the Applicants have chosen to remain silent and did not even bother to bring that to the notice of this Tribunal, even in their main Petition TCP/116/KOB/2019. Since the same was not agitated in the main Petition, raising the contention in the I.A would amount to a fresh relief being sought for which the cause of action relates back to the month of March 2017 and the present application was only filed in the month of June 2020, which in itself shows that the present application is time barred. For the reason above, the present I.A filed by the applicants is ought to be dismissed with costs. 9. The learned counsel appearing for the Respondent further stated that the Respondent was indeed the Man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further stated that there is no impediment to the Applicant Company to negotiate with the lessee of the property and the Respondent is unable to comprehend as to how the website access will aid in lease negotiations. The position of the Applicants in itself is contradictory, on the one hand the Applicants maintain that the lease negotiations are due by end of August 2020, but, on the other hand they claim that the website of the Company is crucial for resuming operations of the Company. 13. The learned counsel appearing for the respondent further submitted that it is also to be noted that the Applicants do not have any intention to carry out their business and only intend to systematically wind up the Company, which is abundantly clear fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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