CourtKutchehry.com
Tribunals and CommissionsDivision Bench(2020) 08 NCLT CK 0082

S. Narayanan Jayaprakash vs Shanmugasundaram Revathy And Anr

National Company Law Tribunal · Decided on 3 August 2020

HON’BLE JUDGES
R. Varadharajan, J · Anil Kumar B., Member (Technical)
CASE NUMBER
Interlocutory Appeal No. 466/2020, 467/2020 In Company Petition No. 123/2020

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

6 paragraphs · 340 words

Ld. Senior Advocate Mr. E. Om Prakash for the Applicant and Mr. Pranav Shankar, Advocate for the Respondent/Petitioner present through Video Conferencing Platform.

In relation to IA/467/2020 Ld. Senior Advocate for the Applicant represents that this is an urgent Application in view of the averments made in the Application and also seeking for the reliefs and also to take up the Application filed in SR. No. 462 of 2020 presently numbered in IA/466/2020, in view of the abuse of the Order passed by this Tribunal dated 21.02.2020 wherein an opportunity was given to the Petitioner in the main Company Petition to inspect the records of the 1st Respondent Company along with either a Company Secretary or Chartered Accountant, however, the Respondent as evidenced from the photographs annexed along with the Application and even according to the admission of the Respondent had taken away certain records, tools and machineries of the 1st Respondent Company as reflected in page 72 of the Counter as filed by the Respondent in IA/466/2020. Taking into consideration the admission, this Tribunal should direct the Petitioner to reopen the premises so that the operations of the company can take place.

However, it is seen from the pleadings that both the parties are holding 50:50 i.e., equal shareholding in the 1st Respondent Company and there seems to be a deadlock in the operations of the company.

It is also noted that no specific inventory of the records, documents, tools and machineries which are alleged to have been taken away has been given on the part of the Applicant even though it is stated that a complaint has been lodged with the Law Enforcement Authorities by the Applicant.

In the circumstances, we deem it fit that an inventory detailing the records, documents, books, tools and machineries as alleged to have been taken away forcibly by the Respondent in the Application to be given before this Tribunal by the Applicant within one week from today.

The matter is posted for further hearing on 19.08.2020 in IA/466/2020 as well as IA/467/2020.