National Company Law Appellate Tribunal
Madhu Silica Pvt Ltd & Ors vs Bharat P Raut & Ors on 9 December 2020
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
NEW DELHI
Company Appeal (AT) No.226 of 2020
[Arising out of Order dated 13.11.2020 passed by National Company Law Tribunal, Ahmedabad Bench, Ahmedabad, Court 2 in IA 127 of 2018 in CP
No.69/NCLT/AHM/2017]
IN THE MATTER OF:
Before NCLT
Before NCLAT
1. M/s. Madhu Silica
Applicant/
Appellants 1 to 9
Pvt. Ltd.
Respondents 1 to 9
Plot No.147,
GIDC Estate,
Village: Vartej,
Bhavnagar – 364060
Gujarat, India
2. Mr. Rameshchandra
Shah
S/o Shri Vijaychand
Shah
1899/A, “Vasudha”
Rupani Circle,
Opp. Akash Ganga,
Bhavnagar, Gujarat
3. Mr. Rameshchandra
Shah (HUF)
Through its Karta
Shah
1899/A, “Vasudha”
Rupani Circle,
Opp. Akash Ganga,
Bhavnagar, Gujarat
4. Mr. Rameshchandra
Shah Family Trust
Through its Trustee
Mr. Rameshchandra
Shah
1899/A, “Vasudha”
Rupani Circle,
Opp. Akash Ganga,
Bhavnagar, Gujarat
5. Mrs. Kalpna R. Shah
(Though its Power of
attorney holder)
W/o Mr. Rameshchandra
Shah
1899/A, “Vasudha”
Rupani Circle,
Opp. Akash Ganga,
Bhavnagar, Gujarat
6. Mr. Darshak
Rameshchandra
Shah
(Though its Power of
attorney holder)
S/o Mr. Rameshchandra
Shah
1899/A, “Vasudha”
Rupani Circle,
Opp. Akash Ganga,
Bhavnagar, Gujarat
7. Mr. Darshak
Rameshchandra
Shah (HUF)
Though Karta
Mr. Rameshchandra
Shah
1899/A, “Vasudha”
Rupani Circle,
Opp. Akash Ganga,
Bhavnagar, Gujarat
8. Mrs. Reena Darshak
Shah
(Though its Power of
attorney holder)
W/o Mr. Darshak
Shah
1899/A, “Vasudha”
Rupani Circle,
Opp. Akash Ganga,
Bhavnagar, Gujarat
9. Darshak Finstock Pvt.
Ltd.
Plot No.147, GIDC Estate,
Vil Vartej,
Bhavnagar - 364060,
Gujarat
Vs.
1. Mr. Bharat P. Raut
Respondents/
Respondents 1 to 4
S/o Shri Padmakar
Petitioners 1 to 4
M. Raut,
Flat No.173,
Tower – C,
Santwani,
LIC Colony,
Off Devdas Lane,
Boarivali West,
Mumbai – 400103
2. Mr. Bharat P. Raut
(HUF)
Through Karta
Mr. Bharat Padmakar
Raut,
Flat No.173,
Tower – C,
Santwani,
LIC Colony,
Off Devdas Lane,
Boarivali West,
Mumbai – 4001033.
3. Mrs. Vidya B. Raut,
W/o Mr. Bharat M. Raut,
Flat No.173,
Tower – C,
Santwani,
LIC Colony,
Off Devdas Lane,
Boarivali West,
Mumbai – 400103
4. Mr. Manas B. Raut,
S/o Shri Padmakar M.
Raut,
Flat No.173,
Tower – C,
Santwani,
LIC Colony,
Off Devdas Lane,
Boarivali West,
Mumbai – 400103
For Appellants:
Shri Saurabh Soparkar, Sr. Advocate with Shri Karan Valecha, Shri Jaimin Dave and Shri Shivam Parikh, Advocates
For Respondents:
None
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O R D E R
(Virtual Mode) 09.12.2020 This is fresh case for admission.
2. Heard Counsel for Appellant. The learned Counsel for the Appellant is submitting that there is another Contempt Petition filed against the Appellants which is also pending in this Tribunal. He states that because of that Contempt Petition filed, the present matter may be adjourned.
3. We have seen the Impugned Order in IA 127 of 2018 in CP No.69/NCLT/AHM/2017 dated 13th November, 2020 passed by National Company Law Tribunal, Ahmedabad Bench, Court 2, which reads as under:- “In view of the adjournment in IA 786 of 2020 in CP 69 of 2017, this matter is also adjourned.
List the matter on 15.12.2020.”
4. The Appeal claims that there was a strong prima facie case which the Appellants had and the balance of convenience was in favour of the
Appellants and that they would have suffered irreparable loss and so wanted the learned Adjudicating Authority (National Company Law Tribunal, Ahmedabad Bench – [NCLT - in short]) to take up the matter and grant interim relief but the learned NCLT adjourned the matter.
5. We have seen the earlier Orders passed by this Tribunal in Company Appeal (AT) No.104 of 2019 (Annexure – 9) and the fate of the Civil Appeal No.3121 of 2020 in the Hon’ble Supreme Court of India (Annexure – 10). We do not find any reason to interfere at this stage of the matter before NCLT. The Impugned Order does not record any finding. Only because the Appellant was seeking immediate Orders and they were not passed, that is no reason to rush into the appeal.
There is no substance in the Appeal.
The Appeal is declined to be admitted and thus dismissed.
[Justice A.I.S. Cheema]
Member (Judicial)
[V.P. Singh] Member (Technical) rs/md