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TMI Blog2021 (12) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... ll the statements and contentions, as stated in the Company Petition, are false and frivolous in nature. 2.2 The present Company Petition in the second round of litigation instituted by the Petitioners being the Non-Applicants herein by C.P. No. 992 of 2011 (Deba Kumar Hazarika & Ors vs. Assam Chemical & Pharmaceutical Pvt. Ltd. & Ors.). 2.3 On March 08, 2018, this Hon'ble Tribunal had allowed the Company Petition being C.P. No. 992 of 2011. A copy of the said order dated 08.03.2021 has been annexed. 2.4 Being aggrieved by and/or dissatisfied with the said order dated 08.03.2021, the Applicants herein preferred an appeal before the Hon'ble National Company Law Appellate Tribunal, being Company Appeal (AT) 148 of 2018 and, as such, by an order dated May 28, 2019, the Hon'ble NCLAT had allowed the said appeal by setting aside the order passes by this Hon'ble Tribunal. A copy of the said order dated May 28, 2019, passed by the Hon'ble NCLAT, is annexed. 2.5 Being aggrieved by and/or dissatisfied with the said order, passed by the Hon'ble NCLAT, the Non-Applicants being the Petitioners, in the main Company Petition, had instituted the statutory Appeal before the Hon'ble Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicants therein and harass the said applicants with series of frivolous proceedings. 2.14 Under the above facts and circumstances, it is just and equitable to dismiss the said company petition being C.P. No. 10 of 2021 [Deba Kumar Hazarika & Ors. Vs Assam Chemical & Pharmaceutical Pvt Ltd &Ors]. 3. On the other hand, the Respondents being the Petitioners/Applicant in the main Petition C.P. No. 10/GB/2021 have submitted that: 3.1 Respondents deny and dispute each and every allegation made in the said application as if the same is dealt with categorically and denied in seriatim. 3.2 This IA is wholly frivolous, not maintainable in law and as framed. Its non-maintainability arises both in substantive and procedural laws as delineated herein. 3.3 The said IA is baseless, misconceived, conjectures, based on fraud and gross violation of settled law and as such made in gross abuse of the process of this Hon'ble Tribunal and also in gross contempt of this Hon'ble Tribunal and hence the Applicants have committed perjury, liable to be dealt accordingly strictly as per law. 3.4 It is trite law settled by the Hon'ble Supreme Court that the Hon'ble Tribunal ought not to hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged shareholding of 29.48% at the total paid up share capital of the Respondent no. 1 Company. Such contention of the Petitioners is disputed by the respondent being the applicants. in the Company Petition, the Petitioners have raised allegations for a period of commencing from 2009 to 2019 on various counts being (i) the remuneration paid to the directors, (ii) salary and allowances paid to the employees, (iii) selling and purchasing of the goods by the Respondent no. 1 Company and (iv) opening of the bank account by the Respondent no. 1 Company (v) travelling expenses (vi) Selling expenses and (vii) Further issue of share capital. 4.3 In the petition, allegations are being raised on several heads since 2009 onwards, without any supporting document having evidentiary value thereof. 4.4 From a bare perusal of the said company petition, it will be evident that the allegations raised in the Company Petition are since 2009 to 2019 despite the fact that the first round of litigation was filed by the petitioners were instituted in 2011 before the Learned Company Law Board, Kolkata Bench at Kolkata., inter alia, alleging mismanagement and oppression against the identical respondents. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate at Kamrup and the said criminal complaint has been registered as Case No. 4017 of 2019. 4.15 From the bare perusal of the said criminal proceeding, it will be apparent that the said proceeding is the verbatim reproduction of the present company petition and a brief chart of the similarities between the two proceedings is enclosed. 4.16 The petitioners therein have also instituted a contempt proceeding on the self-same cause of action before this Hon'ble Tribunal and the said proceedings is pending. 4.17 The petitioners, during pendency of the civil appeal, had filed an application against the administrator before the Hon'ble NCLAT raising frivolous allegation, however, the Hon'ble NCLAT had refused to entertain such application in view of the fact that the civil appeal is pending before the Hon'ble Supreme Court of India. 4.18 The civil appeal is pending since 2019, notices were issued after admitting the said appeal by the Hon'ble Supreme Court. In the said civil appeal, identical issues are pending adjudication which have been prayed for before this Hon'ble Tribunal. 4.19 In view of a recent judgment, passed by the Hon'ble Supreme Court of India, Civil Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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