Tribunals and CommissionsDivision Bench(2019) 10 NCLT CK 0007

Wayne Burt Petro Chemicals Pvt. Ltd. And Another vs Cetex Petro Chemicals And Others

National Company Law Tribunal · Decided on 14 October 2019

HON’BLE JUDGES
B.S.V. Prakash Kumar, J · S. Vijayaraghavan, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
IA 421 Of 2019, Company Petition No. 20 Of 2018

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Judgment

3 paragraphs · 218 words
1.

Since R1 company functioning has remained standstill in view of the orders passed on 26.04.2018 and 19.11.2018, finally for both the parties having realized that no company will run without money and without holding Board Meetings, they have arrived to a consensus to allow R1 company to proceed with infusion of funds through debt and equity and also to hold Board Meetings subject to keeping infusion of funds with regard to disputed shareholding of 4½% pending disposal of this case, this Bench hereby directs that R1 company is at liberty, to raise debt and equity in accordance with law subject to infusion of funds over 4½% of disputed shareholding by keeping it in abeyance and also to hold Board Meetings with a clarification that this order will supersede the orders dated 26.04.2018 and 19.11.2018. For this being agreeable to both the parties, this consensus is accordingly ordered.

2.

Since the Petitioner side as well as the Respondent side are required to infuse funds, for both the parties have agreed to subscribe funds proportionate to their undisputed shareholding within 45 days from hereof, list this main CP/20/2018 for hearing in 04.12.2019.

3.

For this order having dealt with reliefs sought in IA/252/2018 and IA/421/2019, these two applications are hereby disposed of in terms of the consensus arrived at.