TMI Blog2023 (1) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... or rendering findings of the Locus of the Petitioners and the issues / points for determination, while adverting to the same and the Tentative Finding, so rendered in the impugned orders cannot be a decisive and governing factor for the Tribunal to decide the main Company Petition, in a final and conclusive manner of course, in a fair, just, dispassionate manner and to pass a reasoned speaking order, in a qualitative and quantitative terms by adverting to the points / issues raised and the documents were filed or produced and after weighing the pros and cons of the materials can arrive at a reasonable prudent conclusion, viz., in the manner known to Law and in accordance with Law, after providing due opportunities to the relevant parties, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have filed Counter, inter alia, contending that the claim of petitioner that he holds 70% share is false. 3. According to the respondents as on the date of filing the present Company Petition, the petitioner has zero shares in the 1st respondent / company. The respondent has also referred to the direction of this Tribunal dated 16.11.2021 to the petitioner to file share certificates in proof of their shareholding within three days of the order. The said direction of this Tribunal has not been complied with by the petitioner. Thus, from the above it is clear that the very locus standi, of the petitioner in filing the company petition itself is at stake as the petitioner failed to place relevant material before this Tribunal, to show th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Petition, which is purportedly, at stake . 4. This Tribunal , after Hearing the Learned Senior Counsel for the Appellants / Petitioners in these Three Appeals , is not inclined to displace the impugned orders , passed by the Tribunal , but, pertinently points out that on behalf of the Appellants / Petitioners , it is shown before this Tribunal that in terms of the Memorandum of Association Mr. Rajeev Satpal Lakhanpal has 70% shares and, therefore, he has every right to be Heard in the main Company Petition and, as such, this Tribunal , is of the considered view that the National Company Law Tribunal, Hyderabad Bench, when it takes up the matter in the Company Petition Number No.47/241/HDB/2021 for final Hearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispassionate manner and to pass a reasoned speaking order , in a qualitative and quantitative terms by adverting to the points / issues raised and the documents were filed or produced and after weighing the pros and cons of the materials can arrive at a reasonable prudent conclusion , viz., in the manner known to Law and in accordance with Law , after providing due opportunities to the relevant parties, by adhering to the principles of Natural Justice in stricto senso of the term. With these observations , the Three Appeals (Comp. App. (AT) Nos.62, 63 and 65/2022) are disposed of . No Costs. Before parting with the Case, this Tribunal points out that liberty is granted to the Appellants / Petitioners to raise all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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