Disposed

Rakesh Sheth v. M/S. Narendra Properties Ltd.

Madras HC11 Jan 2019CRP/3348/2018

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras, in civil revision petitions under Article 227, set aside impugned orders of the National Company Law Tribunal - I, Chennai, for lack of due opportunity. The matter was remanded for fresh consideration.

What did the court decide?

The orders of the NCLT in CP/360/IB/2018 and CP/354/IB/2018 were set aside and proceedings remanded for fresh consideration after due opportunity.

Rakesh Sheth Vs M/S. Narendra Properties Ltd. — Company and Corporate | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.01.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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C.R.P. (PD) Nos. 3348, 3350, 3077, 3080 of 2018 &

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C.M.P.Nos.17785, 17786, 17794, 17792, 18995, 18998 of 2018

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Rakesh Sheth ...Petitioner in CRP No.3348 of 2018 Manoj Sheth ...Petitioner in CRP No.3350 of 2018

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M/s.Statcolnfra Projects Pvt.Ltd., Rep by its Managing Director, Mr.Manoj K Sheth.

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...Petitioner in CRP Nos.3077 & 3080 of 2018 Vs

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M/s.Narendra Properties Ltd., Rep by its Managing Director Mr.Chirag Maher, Makanji House, 2^nd Floor, 19 (Old No.25), Barnaby Road, Kilpauk, Chennai.

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...Respondent in all the CRPs National Company Law Tribunal-I, Chennai.

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...2^nd Respondent in CRP Nos.3348 & 3350 of 2018

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Prayer in CRP Nos.3348 & 3350 of 2018: Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the impugned orders dated 10.10.2018 in CP/360/IB/2018, CP/354/IB/2018 respectively, on the file of the National Company Law Tribunal – I, Chennai.

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http://www.judis.nic.in

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Prayer in CRP Nos.3077 & 3080 of 2018: Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the impugned orders dated 25.09.2018 in CP/354/IB/2018, CP/360/IB/2018 respectively, on the file of the National Company Law Tribunal – I, Chennai.

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For Petitioners : Mr.Vijay Narayan, Senior Counsel
for Nithyaesh and Vaibhav
(in all CRPs)
For respondents : Mr.Jayesh B.Dolia
for M/s.Aiyar & Dolia
(in all CRPs)
COMMON ORDER
The main ground on which these Civil Revision Petitions are filed is
that the petitioners were not given due opportunity before the Tribunal when
impugned orders came to be passed.

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Today, when the matter is called, the learned counsel for the

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respondents submitted that he has no objection if the orders in the present Civil Revision Petitions are set aside and the matter be remanded back to the Tribunal for fresh consideration. The learned senior counsel for the petitioners also has no objection for such an order of remand being passed.

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http://www.judis.nic.in

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In view of the submissions made by the learned counsel for the

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respondents, the orders passed in CP/360/IB/2018, CP/354/IB/2018 are set aside. Consequently, the proceedings are remanded back to the file of the National Company Law Tribunal, Chennai for fresh consideration, which

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exercise shall be done after giving due opportunities to both the parties.

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With the above observations, the Civil Revision Petitions stand
disposed of. No costs. Consequently, connected miscellaneous petitions are
closed.
11.01.2019
Index:Yes/No
Speaking Order: Yes/No
mrm/hvk
To
The National Company Law Tribunal-I,
Chennai.

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http://www.judis.nic.in

M.S.RAMESH.,J

mrm

C.R.P. (PD) Nos. 3348, 3350, 3077, 3080 of 2018
&
C.M.P.Nos.17785, 17786, 17794, 17792, 18995, 18998 of 2018

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11.01.2018

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http://www.judis.nic.in

Rakesh Sheth v. M/S. Narendra Properties Ltd.

Case brief

What is this about?

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Rakesh Sheth v. M/S. Narendra Properties Ltd.

Case brief

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