Tribunals and CommissionsDivision Bench(2022) 04 NCLT CK 0065

Daya Shanker Ravi Shanker Aop & Ors vs Shivam Traders & Hire Purchase Pvt Ltd & Ors

National Company Law Tribunal · Decided on 18 April 2022

HON’BLE JUDGES
Rajasekhar V.K., Member (J) · Virendra Kumar Gupta, Member (T)
RESULT
Disposed Of
CASE NUMBER
IA No. 10/2022 CP No. 21/ALD/2021

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Judgment

7 paragraphs · 206 words

IA NO. 10/2022

This is an application filed seeking direction to the respondent no.1 as well as two Members of the Respondent Branch seeking status-quo with reference to the shareholding as well as the authorised share capital of respondent no. 1 company existing as on 26.03.2022 till the disposal of the underlying company petition being CP NO. 21/ALD/2021.

Learned Sr. Counsel for the Applicant present and he move the present application stating that the EGM was held today i.e. 18.04.2022. Learned counsel for the respondent submits that the resolution for increasing the authorised capital has already been passed by the EGM.

No harm is caused merely because of an increase in the authorised share capital and therefore, no interference is called for at this stage. However, the Respondent Company should not make allotment of shares without leave of this Court which shall be obtained before the offers are made.

Increasing the authorised share capital shall be subject to final order in the main CP.

With these directions, IA NO.10/2022 shall stand disposed of.

List the main CP for hearing on 07.06.2022, pleadings by exchanging reply affidavit and rejoinder affidavit within three weeks, if not already been done. No further adjournment will be granted in this regard.