Tribunals and CommissionsDivision Bench(2021) 08 NCLT CK 0046

Goel Marketing and Distribution Co. Ltd. & Ors vs Mukesh Goel and others

National Company Law Tribunal · Decided on 5 August 2021

HON’BLE JUDGES
H. V. Subba Rao, Member (J) · Prasanta Kumar Mohanty, Member (T)
RESULT
Disposed Of
CASE NUMBER
CA (CAA) 07/2021

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Judgment

25 paragraphs · 455 words
1.

Matter is taken up today for hearing through video conferencing. The learned Counsel Mr. R. Dubey is present for the Petitioners. On behalf of the

Respondents, learned Counsels, Ms. Sonaly on behalf of Ms. Shweta Bharti and Mr. Avinash Singh are present. Heard both sides.

2.

The Petitioner has filed affidavit submitting that â€

(a) The above captioned Contempt Petition is pending before this Tribunal and in terms and in compliance of the order dated 21.06.2021 passed by this Tribunal, the

Applicant herein is filing the present application for substituting legal representative of the deceased Petitioner No.1, namely, Late Mr. Mukesh Goel, hereinafter

referred to as Petitioner No.1. Copy of the order dated 21.06.2021 passed by this Tribunal is annexed with the application as

ANNEXURE â€"A.

(b) The Petitioner NO.1 has left for his heavenly above on April 25, 2021 due to acute respiratory distress syndrome caused due to COVID. Copy of death certificate

and hospital receipt dated 25.04.2021 is annexed with the application as ANNEXURE B (COLLY).

(c) The deceased Petitioner has survived the following legal heirs:

i. Ms. Nisha Goel, W/o Late Mr. Mukesh Goel

ii. Ms. Nitika Goel, D/o Late Mr. Mukesh Goel

iii. Master Sahil Goel, S/. Late Mr. Mukesh Goel

(d) Ms. Nitika Goel, D/o of Late Mukesh Goel is one of the legal heirs and thereby, authorizes Ms. Nisha Goel W/o Late Mr. Mukesh Goel to represent her in the

present contempt Petition also Master Sahil Goel S/o of Late Mr. Mukesh Goel being a minor will be represented by her mother /guardian Ms. Nisha Goel. It is

pertinent to mention that Ms. Nisha Goel in present Review Petition is one of the Defendants, which is numbered as Defendant No.3 and also the legal representative

of the deceased. Copy of General Power of Attorney is favour of Ms. Nisha Goel is annexed with the application as ANNEXURE D.

(e) The aforesaid legal heirs of the deceased Petitioner No.1 is entitled to be substituted as the Petitioner’s legal representative in the present Review Petition.

Copy of the amended memo of parties annexed as ANNEXURE â€" E.

(f) It is respectfully prayed that keeping in view the above detailed circumstances, present application may be accepted, and the legal heir of the deceased Defendant

as mentioned in para no.3 of the application be allowed to be substituted as the Defendant’s legal representative in the interest of justice.

3.

Heard both sides. Petition is admitted. Substitution of the legal heir of the deceased Defendant as referred to in para 3 of the present application is

allowed.

Now Late Mukesh Goel is substituted by his wife Ms. Nisha Goel from today.

4.

MA No. 6 of 2021 is admitted and disposed of accordingly.