Tribunals and CommissionsDivision Bench(2021) 10 NCLT CK 0497

M/s. Ashish Gupta vs M/s. Delagua Helath India Pvt. Ltd.

National Company Law Tribunal · Decided on 11 October 2021

HON’BLE JUDGES
Dr. P.S.N. Prasad, Member (Judicial) · Dr. Binod K. Sinha, Member (Technical)
CASE NUMBER
IB-1840(ND)/2019

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 204 words

No one is present on behalf of the Operational Creditor or the Corporate Debtor. The 98.9% stakeholder has filed an intervention application and after filing the intervention application he has on some occasions submitted that the matter is being amicably resolved and prayed for time. Now again he appears and says that the amicable resolution has failed and matter needs to be adjudicated and he should be allowed as an intervener in the proceedings.

On going through the pleadings filed by the parties so far, and contents of the application of the intervener, this application does not require examination under Section 9 of the IB Code. This appears to be a collusive petition, therefore the matter is dismissed and the 98.9% stakeholder is directed to put the new management on the Board within next one month from the date of this order. Even if the stakeholders are abroad, their counsel may apprise them about the duties of stakeholders and as to rules and guide them in accordance with the provisions of the Companies Act for smooth running of the Company. In fact this is a case where the Director as well as stakeholder have not acted in accordance with law.

The matter is dismissed.